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Sandrine Maljean-Dubois and Matthieu Wemaëre

Sustainable development requires understanding both the ecological and socioeconomic dimensions of the interdependence between the climatic system and biodiversity. Indeed, coherent and integrated policies and measures should be adopted at all levels to address the critical role of biodiversity. However, climate change and biodiversity-related issues are addressed in a specific though fragmented manner through two of the three so-called Rio Conventions adopted in 1992, namely the UNFCCC and the CBD. Firstly, this contribution recaps the way each of these UN treaties address climate change and biodiversity-related issues in the light of their respective objectives and provisions. Secondly, it looks at the efforts made or not in each regime to strengthen the coordination towards more interconnected policies and measures. Thirdly, it highlights some current challenges to addressing the need for a more synergistic approach to these issues.
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Estelle Brosset and Sandrine Maljean-Dubois

The European Union has gradually developed a comprehensive body of environmental legislation. Within this framework, climate change has been given a high priority and is a prominent area of the EU’s external and internal policy. In a fruitful interplay, the EU has driven the evolution of the international climate regime and tried to influence international negotiations. In turn, the international regime has urged the Union to establish common objectives and means to tackle climate change in order to implement its international commitments. EU legislation and the international climate regime have been in constant interaction and have evolved together. Their interactions played a major role in the shaping of EU regulatory climate action facing conflicting challenges of ambition, acceptability and effectiveness.

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Marie-Pierre Lanfranchi and Sandrine Maljean-Dubois

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Carina Costa de Oliveira and Sandrine Maljean-Dubois

‘Global public goods’, ‘common heritage’ and the ‘global commons’ are concepts used to describe elements of the political and legal regime concerning marine resources. In this chapter it is explained, however, that these concepts are limited when it comes to determining the obligations of states and of international organizations regarding marine resources conservation. The question of whether a duty of cooperation to protect the marine environment exists or not is considered; and limitations on the different concepts are discussed. It is then averred that – even if the intrinsic purpose of the concepts discussed can be questioned – these concepts currently dominate the debate on marine resources. Their existence, whether scientifically useful or not, can therefore not be denied or ignored. It is argued that, to understand what they can concretely offer to the legal discussions on marine resources, these concepts must be articulated with the more precise legal obligations such as the ‘obligation to cooperate’ and the ‘duty of due diligence’, as applied to marine resources. Accordingly, this chapter concludes by considering how these concepts could be combined and related to more concrete obligations in order to be made more effective.