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INTERNATIONAL ENVIRONMENTAL LAW
NATURE PROTECTION
Ilona Jančářová
THE DESTRUCTION OF NATURE
• Direct activities (hunting, collection)
• Indirect activities (habitat destruction and
modification – development and pollution)
• Climate change and ozone layer depletion
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3 CATHEGORIES OF IEL:
• Treaties which are potentially applicable to all
species and habitats on the planet
• Treaties that are applicable to all species and
habitats within a particular region
• Treaties which are applicable at the regional or
global level but which have as their objective the
conservation of particular habitat or species
types
REGULATORY TECHNIQUES
1. Establishment of protected areas
2. Prohibition and/or regulation on the taking of particular species
3. The establishment of seasons in which the taking of species is
permitted
4. Prohibition and/or regulation of international trade
5. The establishment of quotas for the taking of species
6. Management of habitats and ecosystems
7. Prohibition of methods or means of taking
8. Prohibition on the introduction of new and alien species
1971 RAMSAR CONVENTION ON WETLANDS
OF INTERNATIONAL IMPORTANCE
ESPECIALLY AS WATERFOWL HABITAT
Aims:
- conservation and enhancement of wetlands
Obligations:
- designation of at least one suitable wetland within its territory for
inclusion on the List of Wetlands of International Importance.
- the deletion or restriction of listed wetlands is permitted on the
grounds of an „urgent national interest“ and must be compensated
by establishing additional nature reserves
- to support reasonable use of all wetlands already in land-use
planning and policy-making processes.
Tools: Wetland Conservation Fund
List of Wetlands of International Importance
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CONVENTON FOR THE PROTECTION OF THE
WORLD CULTURAL AND NATURAL HERITAGE
PARIS 1972
Objectives:
- protection of natural and cultural heritage
Tools:
- World Heritage Committee
- World Heritage List of Sites
- List of World Heritage in Danger
- World Heritage Fund
Obligations: - to cooperate, to protect and conserve
- not to take any deliberate measures which
may damage the heritage at the territory of other parties
2016
Regions Cultural Natural Mixed Total %
States
Parties with
inscribed
properties
Africa 48 37 5 90 9% 33
Arab States 73 5 3 81 8% 18
Asia and the
Pacific
172 62 12 246 * 23% 36
Europe and
North
America
426 62 10 498 * 47% 50
Latin
America and
the
Caribbean
95 37 5 137 * 13% 28
Total 814 203 35 1052 100% 165
Number of World Heritage Properties by region
CASE LAW - TASMANIA
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CASE LAW
Commonwealth v. Tasmania
• Hydroelectric power plant project (Franklin river
- Tasmania)
• Federal government in opposition
• A special law on the world heritage protection
was challenged at the High Court of Australia
• 1982 Franklin river area enclosed on the list of
sites protected under UNESCO Convention
CONVENTION ON THE INTERNATIONAL TRADE IN
ENDANGERED SPECIES OF WILD FLORA AND FAUNA
WASHINGTON 1973
Aim: - to protect endangered species of animals and
plants by regulating the trade in them
Specimen - any animal or plant whether alive or dead and
any readily recognisable part or derivative
thereof specified in Appendices in relation
to the species
CONVENTION ON THE INTERNATIONAL TRADE IN
ENDANGERED SPECIES OF WILD FLORA AND FAUNA
WASHINGTON 1973
Appendix I species - all trade is prohibited (except under very limited
circumstances)
- import and export permits for proposed trade in
Appendix I specimens
Appendix II - specimens which are not necessarily threatened with
extinction but may become so unless trade in
specimens is subject to strict regulation
- commercial trade is allowed if it is not detrimental to
the survival of that species and the specimen was not
obtained in contravention of the law of the exporting
state.
- no import permit is required, the importer must present
an export permit
Appendix III - all species which any party identifies as being subject to
regulation within its jurisdiction for the purpose of preventing or
restricting exploitation.
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CONVENTION ON THE PRESERVATION OF EUROPEAN
WILDLIFE AND NATURAL HABITATS (BERNE 1979)
3 objectives:
1. to conserve wild flora and fauna and their habitats,
2. to promote co-operation between states and
3. to give particular attention to endangered and vulnerable
species
Appendix I - strictly protected species of plants
Appendix II - strictly protected species of animals
Appendix III - species whose use must be regulated so that their
population would not become threatened
Appendix IV - prohibited means of capture and killing
CONVENTION ON CONSERVATION OF MIGRATORY
SPECIES OF WILD ANIMALS (BONN 1979)
Objective: - conservation and effective management
of migratory species
Appendix I - endangered species (duty to conserve and
restore habitats, to prevent or minimize
adverse effects of activities which seriously
impede the migration of species, to prevent
factors that endanger or are likely to
endanger the species
Appendix II - migratory species which have an unfavourable
conservation status (international agreements)
INTERNATIONAL AGREEMENTS
UNDER BONN CMS
• The Agreement on the Conservation of Albatrosses and Petrels
(ACAP)
• The Agreement on the Conservation of Cetaceans of the Black Sea,
Mediterranean Sea and contiguous Atlantic area (ACCOBAMS)
• The Agreement on the Conservation of African-Eurasian Migratory
Waterbirds (AEWA)
• The Agreement on the Conservation of Small Cetaceans of the
Baltic and North Seas (ASCOBANS)
• The Agreement on the Conservation of Populations of European
Bats (EUROBATS)
• The Agreement on the Conservation of Gorillas and Their Habitats
(Gorilla Agreement)
• The Seal Agreement
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CONVENTION ON BIOLOGICAL DIVERSITY
RIO DE JANEIRO 1992
Objective:
- comprehensive preservation of biological
diversity
- sustainable use of its components
- fair and equitable sharing of the benefits arising
out of the utilisation of genetic resources including by
- appropriate access to genetic resources must be
subject to the prior written consent
- apppropriate transfer of relevant technologies
- appropriate funding
PROTOCOL ON ACCESS AND BENEFIT SHARING
(NAGOYA 2010)
CONVENTION ON BIOLOGICAL DIVERSITY
RIO DE JANEIRO 1992
Obligations:
- to develop national strategies, plans and programmes for
the conservation and sustainable use of biodiversity
- to establish a system of protected areas
- to promote habitat protection
- to regulate and manage risks associated with the use and
release of living modified organism resulting from
biotechnology
CARTAGENA PROTOCOL ON BIOSAFETY
(MONTREAL 2000)
REGIONAL TREATIES
• Alpine Convention (Salzburg 1991)
• European Landscape Convention
(Florence 2001)
• Carpathian Convention (Kyjev 2003)