Edited by Stephen Tully
Chapter 61: UNEP: Convention on Biological Diversity, 1992
Commentary: The CBD (31 ILM 818 (1992), entry into force 1994) seeks to preserve the variety of life on earth and promote sustainable development. For the views of the US during negotiations, see Declaration made at the UNEP Conference for the Adoption of the Agreed Text of the CBD (1992) 31 ILM 848. In addition to the provisions below, Article 7 contemplates identifying and monitoring biodiversity components. Article 8 addresses measures promoting in situ biodiversity conservation whereas Article 9 applies to ex situ conservation. States Parties under Article 11 shall adopt economically and socially sound incentive measures for conserving and sustainably using biodiversity. Article 12 envisages governments promoting research and training. Under Article 13, governments will promote the importance of biodiversity through the media. Article 14 provides for environmental impact assessments for those projects likely to have significant adverse effects upon biodiversity, public participation therein and notification, information exchange and consultation for activities under national jurisdiction or control. Article 14 moreover envisages governments examining questions of liability, redress, restoration and compensation. For commercial perspectives, see ICC (1992), ‘Comments on the UN CBD’, Paris; WBCSD/World Conservation Union (1997), ‘Business and Biodiversity: A Guide for the Private Sector’, Geneva. See further, www.biodiv.org. Article 1. Objectives The objectives of this Convention, to be pursued in accordance with its relevant provisions, are the conservation of biological diversity, the sustainable use of its components and the fair and equitable sharing of the benefits arising out of the utilization of genetic resources, including by appropriate access...
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