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Law Notes International Environmental Law Notes

Protection Of Biological Diversity Notes

Updated Protection Of Biological Diversity Notes

International Environmental Law Notes

International Environmental Law

Approximately 41 pages

Full set of lecture notes for the semester, two lectures per week....

The following is a more accessible plain text extract of the PDF sample above, taken from our International Environmental Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Environmental Law Lecture 3rd May: Protection of Biological Diversity: Convention on Migratory Species and Agreement on the Conservation of Albatrosses and Petrels: Questions: 1. What's the difference between CBD, CITES, CMS? 2. Scope? 3. Opt-out? 4. Differential treatment of parties (One idden opt-out is where an obligation is limited by a limitation phrase, used throughout the CBD) We are dealing with the issue of migratory species, whereas CITES is trade, CMS is migratory. * * * * * * * * Transboundary problem - potentially species that are moving from one state to another. Not so much an issue of seeing the international nature of the problem. First brought to attention of international players in 1972, UNCHE Recommendation 32.. Recommendation was that the international community should look at problem of migratory species and make agreement. UNEP called Bonn conference that led to signing of CMS. Bache, Hooper.. Bache - when the CMS was first made nobody thought much of it - Bache "initially gained a reputation as a paper convention", now has 115 parties. A "framework convention codifying general principles to be applied under subsidiary species-specific agreements (Bache, 215-216) Provides a structure/hangar for all these species-specific agreements. Bache makes the point that whilst originally the CMS and species-specific agreements under it was more about birds and terrestrial migratory species, the focus in the last decade has been on marine environments too. In this vein the CMS has become one of the conventions that people look to to address the issue of bycatch. CMS Preamble, Principles: Preamble: echoes of CITES - protection primarily the responsibility of states; but because we are dealing with transboundary issues there is a need for international community to take an international response. Article II: Fundamental principles - importance of conservation of migratory species, need to take action and in particular to promote and support research, 'endeavour to provide immediate protection' for Appendix 1 MS and 'endeavour to conclude agreements covering the conservation and management' of those in Appendix 2 MS. Structural approach similar to CITES. Listing species that they're concerned about listing in appendices. Appendix 1 species want immediate protection, and appendix 2 agreementts about. Article III, Appendix 1 Migratory Species: * These are the top-ranking MS. They are endangered, in danger of becoming extinct. * Range states (any state part of migratory path of species, defined in Article 1) must endeavour to conserve and restore their habitat, prevent/minimise the adverse effects of activities; range states must prohibit takings (exemptions for scientific study, traditional subsistence.) Bit of an advancement from CITES, which is not about habitat at all.

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