Biodiversity Law & Governance Day 2018: Proceedings Report
On 23 November 2018, during UN CBD CoP14, Parties and Observers to the CBD and other biodiversity accords convened nearly 100 deans and professors, general counsels, arbitrators, experts, policy-makers, practitioners, stakeholders and students from law, governance and other fields, in order to scale up efforts to address the main drivers of biodiversity loss, implement the Strategic Plan 2020 and the Sustainable Development Goals (SDGs) through legal and institutional measures. Together, Biodiversity Law & Governance Day (BLGD) 2018 was a rich and substantive exchange, focused on dialogue, engagement and action. BLGD 2018 was the second biennial event of its kind, building on the success of BLGD 2016, held during CoP13 in Cancun. Together, these events have allowed for the creation of a global biodiversity law and governance community of practice to support the implementation of the CBD regime and the SDGs.
Report available here: Biodiversity Law and Governance Day 2018 Proceedings Report – Final Draft(1)
BLGD 2018 identified innovations, shared experiences and charted a way forward in four key themes:
Mainstreaming biodiversity across sectors through law
Law and governance mechanisms can help mainstream biodiversity into energy and mining, infrastructure, manufacturing and health sectors. Public participation, access to information and justice (as stated in Principle 10 of the Rio Declaration), and environmental assessments, including strategic assessment, were identified as useful measures.
Legal tools to achieve Strategic Plan 2020 and beyond
CoP15 in 2020 is expected to consider the adoption of a post-2020 global biodiversity framework in the context of the 2050 Vision, the 2030 Agenda for Sustainable Development and other processes. Law and governance tools, including rights-based approaches and indigenous treaties, are helping to implement the current Strategic Plan and offer valuable innovations in this context. Similarly, law and governance can make an essential contribution to the post-2020 framework. The conceptual foundations and possible elements for a stand-alone target on the human right to a healthy environment and cross-cutting dimensions of all targets was discussed (such as impacts on women, local communities and indigenous peoples), and an associated Co-Chairs’ Summary Report of the Peer-to-peer Dialogue on the Human Right to a Healthy Environment and SDGs: Weaving SDG 16 and Human Rights Law with the post-2020 Global Biodiversity Framework was launched.
Legal measures to implement the Nagoya Protocol
The Nagoya Protocol has been in force for nearly four years, and Parties will undertake the first review of its effectiveness at CoP-MoP 3. Many lessons can be learned from national and regional implementation efforts. Law can provide a framework for emerging technologies and contribute to the Protocol’s objectives.
Enhancing synergies between biodiversity treaties and instruments
Many international treaties and organizations are important for biodiversity and ecosystems. Law and governance mechanisms can be used to improve coordination and cohesion between these treaties and organizations, delivering their commitments on the ground and ensuring a sound legal framework for their future development.
