1. This course was developed in cooperation with the IUCN Academy of Environmental Law CASE STUDIES ON NATIONAL INSTITUTIONS AND PROCESSES: BIODIVERSITY AND CLIMATE CHANGE CONVENTIONS

2. This course was developed in cooperation with the IUCN Academy of Environmental Law Topics to Discuss (1)  What are the objectives of the CBD?  What are the objectives of the UNFCCC?  How relevant are these objectives to your country?  To what extent are the provisions and mechanisms in these MEAs mandatory or voluntary? –Consider also the Recommendations and Decisions produced by subsidiary bodies, the Secretariat, and COP  Which institutional mechanisms in the MEAs facilitate its application in your country? Which are ineffective? Why? 2

3. This course was developed in cooperation with the IUCN Academy of Environmental Law Topics to Discuss (2)  Analyze the national implementing legislation for each MEA –Is it comprehensive? Are there any apparent gaps? If so, why do these gaps exist? –Are the objectives (stated and implicit) in the MEA and the respective implementing legislation the same? If there are differences, what are they? Why are they different? What is the potential effect of differing objectives? –Is the legislation effective? –What would need to be changed ? 3

4. This course was developed in cooperation with the IUCN Academy of Environmental Law Topics to Discuss (3)  Review the national institutional arrangements responsible for implementing and enforcing each MEA –How are the arrangements similar? How are they different? Why? –How effective are the various institutions in implementation? –How effective are the various institutions in enforcement? –Have the institutions developed the necessary implementing regulations and standards? –Is there adequate funding and staffing? 4

5. This course was developed in cooperation with the IUCN Academy of Environmental Law Topics to Discuss (4)  Discuss the level of knowledge of each MEA in these sectors and institutions: –The regulated community –The legal community –The regulators –The public –Other actors, including economic, policy, scientific, and media institutions 5

6. This course was developed in cooperation with the IUCN Academy of Environmental Law Topics to Discuss (5) and (6)  Examine the role of the public in implementing and enforcing the MEAs –What are the respective methods and institutions? –How effective are these methods and institutions for participation? –Who has participated? –What were the results?  What are the primary constraints and barriers to effective national implementation and enforcement of the MEAs? –Institutional limitations? –Legal gaps? –Political factors? –Capacity of personnel and institutions? 6

7. This course was developed in cooperation with the IUCN Academy of Environmental Law Convention on Biological Diversity 7

8. This course was developed in cooperation with the IUCN Academy of Environmental Law Biological Diversity-Related MEAs  Convention on Wetlands of International Importance 1971 (Ramsar)  World Heritage Convention 1972  Convention on International Trade in Endangered Species 1973 (CITES)  Convention on Migratory Species of Wild Animals 1979 (CMS) 8

9. This course was developed in cooperation with the IUCN Academy of Environmental Law CBD Case Study (2)  What are the main objectives of the CBD?  What are the main objectives of the national implementing legislation?  All Parties to the CBD committed to achieve the 2010 Biodiversity Targets –How did your country address these targets? –How well did your country perform in the achievement of these targets? –What future plans does your country have to achieve the new targets set in the 2010 COP? 9

10. This course was developed in cooperation with the IUCN Academy of Environmental Law CBD Case Study (2)  Article 6 of the CBD states that each Contracting Party shall, in accordance with its particular conditions and capabilities: –Develop national strategies, plans or programmes for the conservation and sustainable use of biological diversity or adapt for this purpose existing strategies, plans or programmes which shall reflect, inter alia, the measures set out in this Convention relevant to the Contracting Party concerned. –Integrate, as far as possible and as appropriate, the conservation and sustainable use of biological diversity into relevant sectoral or cross- sectoral plans, programmes and policies.  If your country has a National Biodiversity Strategy and Action Plan (NBSAP), how does it address article 6? –If your country has a NBSAP, what are its primary strengths and weaknesses? 10

11. This course was developed in cooperation with the IUCN Academy of Environmental Law CBD Case Study (3)  COP-3 (Decision III/9) –Encouraged Parties to include in their national plans, strategies, or legislation, measures for in situ and ex situ conservation, sectoral integration of biodiversity considerations, and the equitable sharing of benefits from the use of genetic resources. –Encouraged Parties to set measurable targets to achieve biodiversity conservation and sustainable use objectives.  COP-7 –New and revised NBSAPs should be formulated to provide a coherent evaluation of the implementation of goals for the Strategic Plan, 2010 Target, national and regional objectives, and complementary plans. –NBSAPs should emphasize the use of indicators to facilitate assessments of progress. 11

12. This course was developed in cooperation with the IUCN Academy of Environmental Law CBD Case Study (4)  Have CBD obligations been translated into national legislation? If so, are they reflected substantively in the legislation? –Consider any new laws on natural resources, EIA, biological diversity, natural protected areas, biosafety, and other relevant laws –Continue this analysis for the following two questions.  What policy and institutional process was adopted?  Have internal or sub-regional norms been developed to build upon CBD objectives and requirements? 12

13. This course was developed in cooperation with the IUCN Academy of Environmental Law  Does your country have legislation on and institutions responsible for access to genetic resources and benefit sharing, including –Procedures on access  An institutional framework to process access applications  Concrete experiences regarding access applications  Mechanisms to address illegal/irregular access  Sanctions, legal regulations, mechanisms to prevent the appropriation and patenting of products based on genetic resources whose access has not complied with regulations –Protection of traditional knowledge  Do specific norms exist for the promotion, registration and protection of traditional knowledge? –Distribution of benefits  Are there regulations addressing monetary and non-monetary distribution of benefits, etc. ? CBD Case Study (5) 13

14. This course was developed in cooperation with the IUCN Academy of Environmental Law  Does your country have legislation on and institutions responsible for in situ and ex situ conservation? ARTICLE 8 In-situ Conservation Each Contracting Party shall, as far as possible and as appropriate: a)Establish a system of protected areas or areas where special measures need to be taken to conserve biological diversity; b)Develop, where necessary, guidelines for the selection, establishment and management of protected areas or areas where special measures need to be taken to conserve biological diversity; c)Regulate or manage biological resources important for the conservation of biological diversity whether within or outside protected areas, with a view to ensuring their conservation and sustainable use; d)Promote the protection of ecosystems, natural habitats and the maintenance of viable populations of species in natural surroundings; e)Promote environmentally sound and sustainable development in areas adjacent to protected areas with a view to furthering protection of these areas; CBD Case Study (6) 14

15. This course was developed in cooperation with the IUCN Academy of Environmental Law ARTICLE 8 In-situ Conservation (continued) f)Rehabilitate and restore degraded ecosystems and promote the recovery of threatened species, inter alia, through the development and implementation of plans or other management strategies; g)Establish or maintain means to regulate, manage or control the risks associated with the use and release of living modified organisms resulting from biotechnology which are likely to have adverse environmental impacts that could affect the conservation and sustainable use of biological diversity, taking also into account the risks to human health; ARTICLE 9 Ex-situ Conservation Each Contracting Party shall, as far as possible and as appropriate, and predominantly for the purpose of complementing in-situ measures: (a) Adopt measures for the ex-situ conservation of components of biological diversity, preferably in the country of origin of such components; (b) Establish and maintain facilities for ex-situ conservation of and research on plants, animals and micro-organisms, preferably in the country of origin of genetic resources ; CBD Case Study (7) 15

16. This course was developed in cooperation with the IUCN Academy of Environmental Law Climate Change Convention 16

17. This course was developed in cooperation with the IUCN Academy of Environmental Law Climate Change-Related MEAs  UN Framework Convention on Climate Change – UNFCCC (1992)  Kyoto Protocol to the UNFCCC (1997)  Montreal Protocol on Substances that Deplete the Ozone Layer (1987) 17

18. This course was developed in cooperation with the IUCN Academy of Environmental Law CC Case Study (1)  Climate change, is “a change of climate which is attributed directly or indirectly to human activity that alters the composition of the global atmosphere and which is in addition to natural climate variability observed over comparable periods of time.” (UNFCCC art. 1.2)  Adverse effects of climate change, as defined in Article 1.1 of the UNFCCC, means: –“Changes in the physical environment or biota resulting from climate change which have significant deleterious effects on the composition, resilience or productivity of natural and managed ecosystems or on the operation of socio-economic systems or on human health and welfare. –The associated effects of climate change include rising surface temperatures, sea level rise, and extreme climatic events.” 18

19. This course was developed in cooperation with the IUCN Academy of Environmental Law CC Case Study (2)  Evaluate specific ecological, social, and economic impacts of climate change  Do the baseline data exist to do this? –Whether and how national policies and legislation incorporate Climate Change Convention obligations –What are the potential (or real) impacts of adaptation on national laws and policies  Environment and natural resource laws  Also: laws and policies governing transportation, land use and building codes, agriculture, etc. 19

20. This course was developed in cooperation with the IUCN Academy of Environmental Law CC Case Study (3)  Synergies among UNFCCC, Kyoto Protocol, and Montreal Protocol –Some ozone-depleting substances (ODSs) have high greenhouse gas (GHG) potentials –Some ODS alternatives also have high GHG potentials –Thus, their implementation and enforcement requires a synergetic approach, including in national policies, laws, programs, and strategies 20

21. This course was developed in cooperation with the IUCN Academy of Environmental Law CC Case Study (4)  Linkages between climate change and biodiversity –Effects of climate change on biodiversity (e.g., extinction and adaptation) –Effects of biodiversity management on climate change (e.g., avoided deforestation/Reduced Emissions from Deforestation and Degradation - REDD) –Effects of measures taken to address climate change on biodiversity (e.g., biofuels) –Discuss how national legislation, policies, and initiatives address these synergies. Or how they could address these synergie  Evaluate whether and how national institutions and laws feed into or support: –The Clean Development Mechanism –Carbon Emission Bonds –The Joint Implementation Mechanism 21

22. This course was developed in cooperation with the IUCN Academy of Environmental Law Conclusion  There is a close relationship between the effectiveness of MEAs and the effectiveness of the national legislation and institutions implementing and enforcing that MEA  What are the key factors in your country that affect the implementation and enforcement of MEAs? –Which factors are the most important? –Do these factors vary, depending on the MEA? –To what extent might these factors characterize effective implementation and enforcement in other countries? 22