Abstract
This Article assesses the contributions of the Convention on Biological Diversity (CBD) to international human rights law. In particular, it evaluates the degree to which the relationship between the CBD and international human rights law has been clarified since 2014 and why this relationship matters. It also analyzes the legal arguments advanced by those CBD parties that wish to keep some distance between these two bodies of international law and identifies the opportunities that can be missed in ongoing work under the CBD.
Highlights
The Convention on Biological Diversity (“CBD”)[1] aims at the conservation of the variability of living organisms[2] and their interactions, and the sustainable use of living natural resources, encompassing genetic resources and associated traditional knowledge
It concerns the use of nonliving natural resources that may affect biodiversity conservation and sustainable use, including climate change mitigation and adaptation measures.[3]
Under the CBD Working Group on Article 8(j), the fullest possible participation of indigenous and local communities is ensured in all Working Group meetings, including in contact groups, by welcoming community representatives as Friends of the Co-Chairs, Friends of the Bureau and Co-Chairs of contact groups; without prejudice to the applicable rules of procedure of the Conference of the Parties establishing that representatives duly nominated by parties are to conduct the business of CBD meetings so that any text proposal by indigenous and local communities’ representatives must be supported by at least one party
Summary
The Convention on Biological Diversity (“CBD”)[1] aims at the conservation of the variability of living organisms[2] and their interactions, and the sustainable use of living natural resources, encompassing genetic resources and associated traditional knowledge. The increasing reliance on the CBD and its instruments of the Inter-American Court of Human Rights, as well as the work of the UN Special Rapporteur on Human Rights and the Environment, have shed new light on the role of the CBD in ensuring the protection, respect, and realization of human rights This Article will assess the degree to which the relationship between the CBD and international human rights law has been clarified and why this relationship matters.
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