47. Against All Odds: The Contribution of the Convention on Biological Diversity to International Human Rights Law

Abstract

This chapter argues that the Convention on Biological Diversity (CBD) has made in time, and against all odds, a significant conceptual and normative contribution on the linkage between human rights and the environment. In particular, the development of the legal concept of benefit-sharing has provided a solid and innovative bridge between international environmental law and human rights law, and has surpassed in conceptual sophistication parallel discussions within international human rights processes. The chapter develops this argument by looking at several areas of international law and policy where the CBD has contributed to strengthening the link between environment and human rights, namely: the substantive rights of indigenous peoples and local communities to genetic resources and associated traditional knowledge; the substantive rights of indigenous peoples and local communities concerned by conservation and sustainable use of biological resources; corporate accountability; and climate change. Keywords: biological resources; Convention on Biological Diversity (CBD); international environmental law; international human rights law; international policy