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Univ., Diss.--Oslo, 1999.

The abundance of wealth and technology in the North, and biological diversity and poverty in the South provokes an inquiry into an appropriate modality for the equitable harnessing and allocation of biodiversity dividends. Over the years, the traditional knowledge relating to biological diversity has been regarded as part of the "global intellectual commons", open to exploitation by all, and subject to validation by formal methods. That knowledge has remained the source of both increasing knowledge and critical discoveries of the therapeutic values of most components of biological diversity. There is a consensus between the North and the South that an effective biodiversity conservation strategy should be one capable of providing incentives to the traditional custodians of wild habitat. Intellectual property is generally recognised as an appropriate framework to implement this objective. However, as a perennial subject of North-South disagreement, there is no consensus on the relevant details or mechanisms for deploying intellectual property rights to effectuate the objective. The United Nations Framework Convention on Biological Diversity (CBD) signifies a global regime embodying the ideals of incentivising the traditional custodians of the wild habitat as well as equitable sharing of the benefits of biodiversity. Arguably, it marks an end to the idea of regarding traditional knowledge as part of the global intellectual commons. This thesis contends that the CBD regime carries with it the burden of unresolved North-South perspectives on intellectual property rights. It argues that the heart of the conflict is the reluctance of the North to accord intellectual property status to traditional knowledge. This is partly because of the latter's informal nature but most importantly it derives from an inherent geo-political ideological conflict on the subject of intellectual property rights. Presently, the recognition of rights over traditional knowledge is approached on a sui generis basis. This thesis takes the position that the approach with its several limitations is not persuasive. It contends that on the merits, traditional knowledge is, and ought to be recognised as a subject matter of intellectual property rights. The recent elevation of intellectual property (a traditional subject matter of national law) to the international level under the WTO/TRIPs Agreement further undermines traditional knowledge. This has posed a setback not only to the global biodiversity conservation initiative, but also to the quest for equitable allocation of its dividends. It is my thesis that a national approach offers a better option for accommodating the intellectual property status of traditional knowledge and consequentially for advancing the quest for biodiversity conservation as well as equitable allocation of the dividends arising therefrom.

Discourse used in the field of conservation, be it of animals, land masses or marine zones, matters in that discourse and practice are mutually constitutive and discourse will therefore ultimately influence how conservation is practiced. Conservation discourses have shifted over time depending on the broader political economic climate. At present, neoliberal conservation discourse is gaining traction amongst terrestrial conservationists and has both proponents and detractors; however, it is less clear whether marine conservationists have similarly adopted the discourse of property rights, markets and incentives. Marine conservation is a newer pursuit, and has tended to follow in the path of its terrestrial counterpart. It is therefore of consequence whether and how the neoliberal discourse is beginning to impact marine conservation. While some academic literature has focused on neoliberal discourse in marine environments, to date it has been narrow in scope, mostly focusing on the privatization of fisheries and the role of neoliberalism in the privatization of marine protected areas (MPAs). However, the versatility of neoliberal approaches to conservation suggests that the impact may be much more widespread than this. With the potential to align itself with previously dominant discourses such as fortress conservation and community-based conservation, neoliberal conservation stands to gain traction. This thesis addresses the lack of attention given to neoliberal conservation in marine environments by conducting a collaborative event ethnography (CEE) of the Tenth Conference of the Parties to the Convention on Biological Diversity (CBD-COP10). The CBD-COP10 is a forum where a diverse array of actors from the public, private and civil society sectors come together to discuss the future of the field of conservation. It is here that ideas about conservation are both conceptualized and contested, and those that become dominant discourses can ultimately influence how conservation is undertaken in practice. The research finds that as with terrestrial conservation, a wide range of marine actors are indeed invoking neoliberal conservation discourse. At the CBD-COP10, neoliberal discourse and its related practices were rarely challenged and often lauded, from NGO and government partnerships with the private sector, to economic valuation, to the drive towards a ‘green economy’. By revealing this usage, this thesis contributes to scholarship by addressing the lack of attention to the impact of neoliberal conservation discourses in the marine realm. It also shows that the study of discourse can be a useful mode of understanding how marine conservation is conceptualized. It helps to illuminate the power channels through which discourse travels and how a particular discourse can become dominant, which is important to understand because dominant discourses can ultimately impact how conservation is practiced. / SSHRC; Research supported by the US National Science Foundation (award nos. 1027194 and 1027201)

Prior to the commencement of the Convention on Biological Diversity (CBD), genetic resources were considered to be the common heritage of mankind; this principle gave the right to developed countries to obtain and freely use the genetic material of developing countries. Growing concern over the controversial ‘free access’ system and the monopolization of benefits led to the negotiation of an international treaty, the CBD, to regulate access to genetic resources and the sharing of benefits resulting from the utilisation of such resources. The CBD makes some important innovations. It recognizes that the authority to determine access to genetic resources depends on national governments and is subject to national legislation. Thus, the CBD recognizes state sovereignty over genetic resources and institutes the principles of Prior informed Consent (PIC), Mutually Agreed Terms and Benefit-Sharing. However, the CBD and other international instruments relating to genetic resources have not had the desired effect of preventing the misappropriation of genetic resources and associated traditional knowledge (TK). Developing countries suffered and continue to suffer from the piracy of their resources. This state of affairs has led to the recent adoption of the ‘Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to The Convention on Biological Diversity,’ (2010 Nagoya Protocol). This dissertation will consider the contribution of the Nagoya Protocol to the existing global and regional instruments concerning the access and benefit sharing of genetic resources. After explaining the gaps in the existing instruments, it will explore whether the Protocol is a miracle solution to the recurrent concern over misappropriation of genetic resources from biologically rich countries, or whether there is still much work to do to sort out this problem. / Thesis (LL.M.)-University of KwaZulu-Natal, Pietermaritzburg, 2012.

The importance of including indigenous peoples and local communities (IPLCs) and their traditional knowledge (TK) into environmental forums such as the Convention on Biological Diversity (CBD) is being increasingly recognized. Despite numerousefforts to open up forums and assessment processes to diverse types of knowledge, extensive challenges remain for the full and effective participation of IPLCs at all levels of environmental governance. This paper explores three cases of assessment processes at different levels, where TK has been mobilized for monitoring progress towards Aichi Target 18 of the CBD. Through in-depth interviews with representatives for IPLCs, policy-makers and scientists, the mechanisms for mobilizing TK across scales in ways that are legitimate and credible and fulfill the needs for multiple actors are explored. Findings suggest that community-based monitoring and information systems (CBMIS) have greater potential than top-down approaches for capturing the complexity of social-ecological systems and for monitoring progress towards Aichi Target 18. In addition, CBMIS is embedded in the institutions and ecosystem management of IPLCs, providing a direct link between knowledge and action, hence advancing implementation of the CBD on the ground. However, findings across the three cases also demonstrate that hierarchies between knowledge systems and institutional norms of science constitute substantial barriers for the inclusion of insights and knowledge from local monitoring into national and international processes. Overcoming such barriers requires an increase in focus on the process of knowledge sharing rather than solely on the outcomes. A Multiple Evidence Based Approach, where TK and science are viewed as equally valid knowledge, is suggested as a way forward to mobilize TK in forums such as the CBD. Parallel validation methods and intercultural dialogue between TK-holders, scientists and policy-makers is key for creating processes that are legitimate, credible, and salient among a diversity of actors.

The abundance of wealth and technology in the North, and biological diversity and poverty in the South provokes an inquiry into an appropriate modality for the equitable harnessing and allocation of biodiversity dividends. Over the years, the traditional knowledge relating to biological diversity has been regarded as part of the "global intellectual commons", open to exploitation by all, and subject to validation by formal methods. That knowledge has remained the source of both increasing knowledge and critical discoveries of the therapeutic values of most components of biological diversity. There is a consensus between the North and the South that an effective biodiversity conservation strategy should be one capable of providing incentives to the traditional custodians of wild habitat. Intellectual property is generally recognised as an appropriate framework to implement this objective. However, as a perennial subject of North-South disagreement, there is no consensus on the relevant details or mechanisms for deploying intellectual property rights to effectuate the objective. The United Nations Framework Convention on Biological Diversity (CBD) signifies a global regime embodying the ideals of incentivising the traditional custodians of the wild habitat as well as equitable sharing of the benefits of biodiversity. Arguably, it marks an end to the idea of regarding traditional knowledge as part of the global intellectual commons. This thesis contends that the CBD regime carries with it the burden of unresolved North-South perspectives on intellectual property rights. It argues that the heart of the conflict is the reluctance of the North to accord intellectual property status to traditional knowledge. This is partly because of the latter's informal nature but most importantly it derives from an inherent geo-political ideological conflict on the subject of intellectual property rights. Presently, the recognition of rights over traditional knowledge is approached on a sui generis basis. This thesis takes the position that the approach with its several limitations is not persuasive. It contends that on the merits, traditional knowledge is, and ought to be recognised as a subject matter of intellectual property rights. The recent elevation of intellectual property (a traditional subject matter of national law) to the international level under the WTO/TRIPs Agreement further undermines traditional knowledge. This has posed a setback not only to the global biodiversity conservation initiative, but also to the quest for equitable allocation of its dividends. It is my thesis that a national approach offers a better option for accommodating the intellectual property status of traditional knowledge and consequentially for advancing the quest for biodiversity conservation as well as equitable allocation of the dividends arising therefrom. / Law, Peter A. Allard School of / Graduate

Biodiversity losses are occurring at an unprecedented rate, with ongoing environmental degradation at the expense of expanding economic activities. A transformative change is needed away from business-as-usual development and towards prioritizing the conservation and sustainable use of biodiversity. For the effective governance of biodiversity, a well-designed mix of policy instruments are needed that are suited to the local context. This PhD project examines the social-ecological implications of policy instruments for biodiversity governance, with an emphasis on biodiversity offsets. Offsets are a policy instrument where actions are taken to compensate for negative impacts to biodiversity caused by developments. I discuss how such policy instruments must be carefully designed and implemented to ensure positive outcomes for people and biodiversity. In Paper I, I examined how biodiversity offset policies, which have been commonly misunderstood as a market-based mechanism, can be designed with various levels of involvement from market and state. I presented an ideal-typical typology based on the institutions from which biodiversity offsets are organised: Public Agency, Mandatory Market and Voluntary Offset. I identified the institutional arrangements of six offset policies using cross-case comparison and stakeholder mapping to analyse how the biodiversity losses and conservation measures are decided. Based on these results, I determined how the six policies relate to the ideal types. The results found that the government plays a key role not just in enforcing mandatory policies but also in controlling the supply and demand of biodiversity units, supervising the matching of biodiversity values or granting legitimacy to the offset. The paper concluded that commensurability of natural capital is restricted in offsets (biodiversity is always exchanged with biodiversity), while different degrees of commodification are possible depending on the policy design and role of price signals when trading credits. In Paper II, I examined the implementation gap of the Convention on Biological Diversity’s (CBD) objectives and global biodiversity targets at a (sub)national level. I identified obstacles to achieving the Aichi Biodiversity Targets and challenges faced in interpreting the CBD guidelines through a content analysis of biodiversity policy documents, participant observation as well as semi-structured interviews with experts at the 14th meeting of the Conference of the Parties to the CBD. As compliance was found as a key challenge in the CBD, I presented insights for fostering the implementation and enforcement of biodiversity policies by drawing from concepts in international human rights law. In particular, I examined review mechanisms of human rights law and biodiversity agreements to determine the strategies used for compliance. The paper concluded that recognising the synergies between human rights and biodiversity can help strengthen review mechanisms for implementing the objectives of the CBD.The findings from Paper I provided a foundation for understanding the institutional design of national and local offset policies. In Paper II, I then broadened out to discuss the challenges faced in interpreting and implementing global biodiversity targets into national regulatory frameworks. Together, both papers analysed the institutional design and implementation of policy instruments, and examined their contributions to a transformation for the sustainable use of biodiversity.

<p>Claims of injustice in global forest governance are prolific: assertions of colonization, marginalization and disenfranchisement of forest-dependent people, and privatization of common resources are some of the most severe allegations of injustice resulting from globally-driven forest conservation initiatives. At its core, the debate over the future of the world's forests is fraught with ethical concerns. Policy makers are not only deciding how forests should be governed, but also who will be winners, losers, and who should have a voice in the decision-making processes. For 30 years, policy makers have sought to redress the concerns of the world's 1.6 billion forest-dependent poor by introducing rights-based and participatory approaches to conservation. Despite these efforts, however, claims of injustice persist. This research examines possible explanations for continued claims of injustice by asking: What are the barriers to delivering justice to forest-dependent communities? Using data collected through surveys, interviews, and collaborative event ethnography in Laos and at the Tenth Conference of Parties to the Convention on Biological Diversity, this dissertation examines the pursuit of justice in global forest governance across multiple scales of governance. The findings reveal that particular conceptualizations of justice have become a central part of the metanormative fabric of global environmental governance, inhibiting institutional evolution and therewith perpetuating the justice gap in global forest governance.</p> / Dissertation

Magistro baigiamajame darbe išanalizuotas ir įvertintas Biologinės įvairovės konvencijos įgyvendinimas Lietuvoje, iškeltos Biologinės įvairovės konvencijos įgyvendinimo Lietuvoje problemos bei pateikti siūlymai, kaip pagerinti Biologinės įvairovės konvencijos įgyvendinimą Lietuvoje. Pirmoje darbo dalyje analizuojami LR ratifikuotų konvencijų, susijusių su biologinės įvairovės apsauga, priėmimo ir įgyvendinimo principai bei pagrindiniai bruožai. Antroje dalyje nagrinėjami Biologinės įvairovės konvencijos tikslų įgyvendinimo ypatumai pasaulyje ir Europos Sąjungoje. Trečioje dalyje pateikiama Biologinės įvairovės konvencijos įgyvendinimo Lietuvoje analizė ir vertinimas. / In this Master thesis, the implementation of the Convention on Biological Diversity in Lithuania has been analysed and evaluated, problems of the implementation of the Convention on Biological Diversity in Lithuania have been raised and suggestions how to improve the implementation of the Convention on Biological Diversity in Lithuania have been presented. In the first part of the thesis, the principles of adoption and implementation and the main features of the conventions related to the protection of biodiversity and ratified by the Republic of Lithuania have been analysed. In the second part of it, the implementation peculiarities of the objectives of the Convention on Biological Diversity in the world and in the European Union have been investigated. In the third part, the analysis and evaluation of the implementation of the Convention on Biological Diversity in Lithuania have been presented.