Legal Protection of Biological Diversity at the International Level: Results of the Thirtieth Anniversary and Development Prospects

Rednikova Tatiana Vladimirovna PhD in Law Senior Scientific Associate, Department of Environmental, Land an Agrarian Law, Institute of State and Law of the Russian Academy of Sciences 119019, Russia, Moscow, Znamenka str., 10 trednikova@gmail.com Other publications by this author

Biological diversity has been providing life for people on Earth since prehistoric times, being a building material for housing, clothing, food, and an energy source. And these functions are relevant for humanity to this day. Given the fact that the number of people living on the planet in November 2022 exceeded 8 billion people, competition for its resources, including various components of biological diversity, is increasing day by day. In this regard, the problems of preserving biological diversity and rational use of the planet's living resources are becoming more and more urgent every year.

For several decades, a number of agreements have been in force at the international level on the protection of biological diversity in general, individual species, in certain regions of the globe. The objects of legal protection are also different. In view of the significant number of international documents in the field of protection of biological diversity and its components, within the framework of this article we will focus on certain features of documents that have a global character. It should be noted that despite the fact that many of them entered into force more than a decade ago, their enforcement activities in various States are carried out taking into account the latest recommendations of their permanent bodies and conferences of the parties, developed taking into account the achieved or unachieved goals set earlier.

Thus, such agreements include the UN Convention on Wetlands of International Importance, mainly as Habitats for Waterfowl (Ramsar Convention, 1971, ratified by the USSR in 1977) (URL: https://www.un.org/ru/documents/decl_conv/conventions/waterfowl.shtml (accessed: 11/25/2022)), which became one of the first international agreements in the field of wildlife conservation based on an ecosystem approach to the conservation of biological diversity [1. p. 105]. It is difficult to overestimate the ecosystem functions of wetlands. In addition to being a freshwater reservoir and regulators of the water regime at the local, regional and global levels, they play an important role as a habitat for birds, as well as other components of biodiversity – plants and animals. For the first time, the habitats of species became the object of legal protection of the convention, while previously only biological species were protected by international agreements. The Convention does not directly restrict economic activity in its territories, but only indicates that in its course there should be no negative impact on the state of ecosystems.

To date, 172 States have joined the Ramsar Convention. As of the beginning of 2022, the List of wetlands of international Importance (Ramsar lands) under the special protection of the convention includes 2,435 wetland complexes with a total area of 255 million hectares, of which 35 Ramsar lands with a total area of more than 11.3 million hectares are located in the Russian Federation. (URL: https://www.mnr.gov.ru/press/news/2_fevralya_2022_vsemirnyy_den_vodno_bolotnykh_ugodiy_vremya_deystvovat / (accessed: 11/25/2022)) After the Republic of Crimea became part of the Russian Federation, the number of wetlands of international importance located on the territory of our country reached 40. According to the Ministry of Natural Resources of Russia, a lot of work is to be done to bring the issues of managing these facilities in line with the requirements Ramsar Convention.  (URL: https://www.mnr.gov.ru/press/news/minprirody_rossii_razrabotano_9_polozheniy_o_vodno_bolotnykh_ugodyakh_imeyushchikh_mezhdunarodnoe_zn / (accessed: 11/25/2022)).There are examples when a natural object becomes the object of protection by several international agreements.

Thus, the delta of the Selenga River, included in the Ramsar List in 1994 and possessing outstanding characteristics (it is an example of a rare or unusual type of land in the corresponding biogeographic region, is a habitat for more than 20 thousand species of waterfowl), is simultaneously included in the ecosystem of Lake Baikal, which is a UNESCO World Natural Heritage Site ^{[2, p. 102]}. In addition, taking into account the historical traditions of territorial nature protection in our country, large areas of wetlands are part of both federal and regional protected areas. However, in the scientific legal literature, the opinion is expressed that the main attention in our country is paid to the protection of wetlands with federal or regional status, while local wetlands do not have proper protection, which requires further research of legal ways and means of protecting complex ecosystems that have developed on wetlands. in order to increase the guarantees of their conservation and protection ^{[3, p. 45]}.

The status of a UNESCO World Natural Heritage Site is assigned in accordance with another international agreement of a global nature, the scope of regulation of which also includes issues of conservation of biological diversity, is the UNESCO Convention "On the Protection of the World Cultural and Natural Heritage" (1972, the USSR joined the Convention in 1989) (URL: https://www.un.org/ru/documents/decl_conv/conventions/heritage.shtml (accessed: 11/25/2022)). According to which the object of natural heritage can be recognized as natural monuments having outstanding universal value from the point of view of aesthetics or science; habitats of threatened species having universal value, as well as natural places of interest. The detailed wording is contained in Article 2 of the Convention. The convention also contains, as of mid-2022, 194 states are parties to it, the list of protected objects includes 1,154 objects in 167 countries (including 218 natural and 39 mixed objects). There are 31 objects in the Russian Federation (11 of them are natural), 4 objects are cross-border. The inclusion of objects in the specified list imposes certain obligations on the State party to the convention to protect it. The Convention bodies monitor the compliance of the level of protection in a particular country where the facility is located with the stated requirements. As an example, on the one hand, the positive impact of the provisions of the Convention on improving the level of protection of a natural object, and on the other hand, the implementation of proper control, Lake Baikal, included in the list in 1996, can be cited. For example, at the 44th session of the World Heritage Committee held in China in 2021, the traditional consideration of reports on the state of preservation of objects world Heritage sites, their inclusion in the List of objects, as well as the exclusion of threatened objects. Among them was the conclusion of the Convention's advisory body, the International Union for Conservation of Nature, on the state of Lake Baikal, containing a list of the main threats. The Committee drew the attention of the Russian Federation to the possible negative consequences for the state of the Baikal ecosystem of the practical implementation of the amendments adopted in recent years to the Russian legislation on its protection, as well as the planned adoption of regulatory legal acts. According to the committee, many of them significantly weaken the protection of the facility in terms of assessing the impact and raising the threshold of permissible levels of pollution, as well as the turnover of lands of various categories and changing their purpose ^{[4, p. 27]}. It should be noted that at present, changes in environmental, land and other branches of legislation concerning the legal regulation of public relations in the Baikal natural territory are not of a systemic nature, but are taken to solve certain emerging problems. While such a unique natural object in every sense – Lake Baikal needs a much more systematic approach to planning the improvement of legislation both on its protection and on the permissible level of anthropogenic impact on it, taking into account the interests of the local population.

Another international document in the field of legal protection of biological diversity and its components is the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) (1973, the USSR joined the Convention in 1976), the annex to which is a List of species of mammals, birds, reptiles, amphibians, fish, invertebrates and Plants, the export, re-export and import of which, as well as their parts or derivatives, is regulated by the norms of this convention. Depending on the current threat level for a particular species, this List is subject to periodic review. Currently, since 2013, its version, approved by the 16th CITES Conference, has been in effect. The biological species protected by the Convention are divided into three annexes, for which the Convention provides certain requirements and restrictions on their transboundary turnover. This agreement is a fairly effective mechanism for the protection of rare and endangered species, since it creates an obstacle to their illegal movement between States, including for commercial purposes. One of the most relevant examples for our country was the inclusion in Appendix II of CITES of some species of sturgeon fish, which made it possible to more effectively monitor their illegal fishing by blocking the channels of uncontrolled sale of illegally harvested fish, as well as the introduction of stricter criminal liability for such acts. However, on the way to combating illegal trade in rare and endangered species, the world community must make many more efforts to increase its effectiveness, including through the unification of national legislation in the countries parties to the Convention.

The next international document of a global nature is the Convention on the Conservation of Migratory Species of Wild Animals (the Bonn Convention of 1979, entered into force in 1983, the Russian Federation is not a party to the Convention) (URL: https://www.un.org/ru/documents/decl_conv/conventions/pdf/wild_animals.pdf (accessed: 11/25/2022)), based on the recognition of the importance of preserving migratory species during their seasonal movements very often between the territories of different states. That is why achieving the goal of effective protection of such species is possible only through close cooperation of States on the basis of international agreements. the key role of the principle of cooperation to achieve the goal of their preservation. Although the Russian Federation does not participate in this international treaty, it participates in some international protection instruments developed under its auspices ^{[5, p. 52]}. The problems of protection of migratory species are relevant for our country, since a large number of species of migratory birds also live on its territory.

The most comprehensive international agreement in the field of legal protection of biological diversity, which turns 30 years old in 2022, is the Convention on Biological Diversity (hereinafter referred to as the CBD or Convention), adopted in 1992 at the UN Conference on Environment and Development in Rio de Janeiro and entered into force in 1993 after its signing 168 States (URL: https://www.cbd.int / (accessed: 10/23/2022). The Russian Federation signed the Convention on Biological Diversity in 1992 and ratified it in 1995/Federal Law No. 16-FZ of February 17, 1995 "On Ratification of the Convention on Biological Diversity" // SZ RF. 2005. No. 8. St. 601.). This period seems to be quite sufficient for summing up the results of its implementation in various countries participating in the Convention and forming certain conclusions about its practical effectiveness, as well as the degree of achievement of the goals set in it. The main objectives of the CBD are the conservation of biological diversity, ensuring its sustainable use and sharing benefits in a fair and equitable manner. Within the framework of this international agreement, the parties had to develop or adapt existing strategies for the conservation and use of biological diversity, as well as integrate them into a broader State policy in this area. Within the framework of the CBD, special attention should be paid to monitoring certain aspects of biological diversity and identifying activities that may have a negative impact on it (Article 7). The Convention provides for the creation of protected areas that require special environmental measures to protect natural ecosystems and habitats of species. The provisions of the Convention have been implemented in the national legislation of most countries of the world. At the same time, throughout its existence, this international treaty has ensured the formation and development of unified approaches to the protection of biodiversity throughout the world. Within the framework of the CBD, the Cartagena Protocol on Biosafety was adopted in 2003 (URL: https://www.un.org/ru/documents/decl_conv/conventions/pdf/cartagena.pdf (date of appeal: 23.04.2022)), to which the Russian Federation for a number of reasons has not joined, as well as the Nagoya Protocol on Regulating Access to Genetic Resources and Sharing Benefits on a Fair and Equal Basis, adopted in 2012 from their Application (Nagoya Protocol on Access to Genetic Resources and Benefit-Sharing. The secretariat of the Convention on Biological Diversity. United Nations Environment Programme. Canada, Quebec, 2011.).It should be noted that the implementation of the provisions of the CBD in practice has faced a number of difficulties.

Thus, in 2002, at the sixth meeting of the Conference of the Parties to the Convention, problems and obstacles in the implementation of its provisions were noted, in particular, including lack of political will; limited human resources and technical capacity, inefficient exchange of information, limited international cooperation between the public and private sectors, socio-economic pressure, as well as the inevitable problems associated with climate change and natural disasters. Other CBD documents also mention problems in the development of national targets and insufficient consideration of indigenous peoples' views and concerns.

In 2010, the CBD parties adopted a Strategic Plan for the Conservation and Sustainable Use of Biodiversity for 2011-2020 (URL: https://www.cbd.int/undb/media/factsheets/undb-factsheet-sp-ru.pdf (date of appeal: 10/23/2022)), within the framework of which all countries and business entities had to take measures to preserve biodiversity and the benefits it provides for people. The strategic plan included 20 targets for the conservation and sustainable use of biodiversity (Aichi Targets), which were to be included by the parties in national strategies and action plans for the conservation of biodiversity. According to the concept envisaged in the plan, by 2050, biodiversity should be appreciated, preserved, restored and used wisely, supporting ecosystem services and the healthy state of the planet and bringing benefits necessary for all people.

July 12, 2021 The secretariat of the UN Convention on Biological Diversity (CBD) has published the first official draft of the new Global Framework for the Conservation of Biodiversity until 2030 (URL: https://www.un.org/sustainabledevelopment/blog/2021/07/a-new-global-framework-for-managing-nature-through-2030-1 st-detailed-draft-agreement-debuts/ (accessed: 10/23/2022)). It is noteworthy that this document is intended for application not only within the framework of the Convention on Biological Diversity and its Protocols, but also other biodiversity-related conventions, the Rio Conventions, other multilateral environmental agreements, international processes and instruments, as well as the international community as a whole (paragraph 5a).

The draft framework program defines four goals for the formation of humanity living in harmony with nature according to the concept approved by the member parties of the Convention in 2010, which must be achieved for the implementation of the 2050 concept.

The implementation of these goals is divided into a total of 10 stages defining targets to be achieved by 2030. In addition, the framework program contains 21 action goals for the period up to 2030. Eight of them are devoted to reducing threats to biodiversity, including integrated spatial planning of land and marine areas while preserving existing untouched and wild areas restoration of degraded ecosystems; creation of interconnected systems of specially protected areas integrated into the landscape on at least 30% of the global land and marine areas; restoration and conservation of species and genetic diversity of wild and domesticated species; ensuring sustainable, legal and safe for human health collection, trade and use of wild species; management of ways of introduction of invasive by preventing or reducing the rate of their introduction and rooting by at least 50%; reducing pollution from all sources to levels that do not harm biodiversity and ecosystem functions; minimizing the impact of climate change on biodiversity. Five goals are dedicated to meeting people's needs through the sustainable use of biodiversity components and the sharing of benefits, and the remaining eight are political, economic and legal instruments and solutions for the practical implementation of the intended goals, including providing access to information to ensure people's informed choices to reduce waste generation and reduce consumption, as well as ensuring equal and effective participation of indigenous peoples and local communities in decision-making related to biodiversity and respect for their rights to lands, territories and resources, equal and effective participation of women and youth in decision-making related to biodiversity ^{[6, p. 214]}.

In October 2021, the first part of the 15th Conference of the Parties to the UN Convention on Biological Diversity on the theme "Ecological civilization - creating a common future for life on Earth" was held in Kunming (China). Issues included in the agenda of the 15th Conference of the Parties - review of the results of the implementation of the Convention and the Strategic Plan for the Conservation and Sustainable Use of Biodiversity for 2011-2020. and the implementation of the Aichi targets in the field of biodiversity and the discussion and adoption of the Global Framework Program in the Field of Biodiversity for the period after 2020, the draft content of which is discussed above, should be considered at the 15th Conference of the Parties to the UN Convention on Biological Diversity (COP15) in December 2022 in China, which will allow the world community to develop a global an action plan for the conservation and protection of species and ecosystems on the planet.

In conclusion, I would like to note that the problem of biodiversity conservation is extremely important for ensuring human life on the planet. In today's changing world, there are an increasing number of threats to both biological diversity and its components, and the environment as a whole. Thus, intensive economic activity and the growth of the Earth's population pose an increasing threat to the planet's biodiversity from year to year. Examples include changes in land use, habitat loss and fragmentation, overexploitation of natural resources, environmental pollution, anthropogenic degradation of natural landscapes, introduction of invasive and alien species, climate change. On land, biological diversity is under increasing pressure from agricultural production, which is increasingly expanding with the growing demand for food and bioenergy in the world.  Irrational fishing of marine biological resources poses a serious threat to marine ecosystems. In addition to excessive and illegal fishing, the volumes of which exceed the ability of populations to reproduce, bottom trawling destroys deep-sea habitats on the seabed. A significant threat to the marine environment is also chemical pollution as a result of fertilizers and wastewater entering it, plastic and microplastic pollution. Global warming processes lead to an increase in water temperature and ocean acidification, which has an extremely negative impact on the state of marine ecosystems.  

And only the consolidated efforts of all countries of the world community, regardless of their political and economic interests, can solve the tasks of eliminating emerging threats, including through the formation of unified legal approaches to environmental and biodiversity protection. This must be remembered even in the context of global economic and political conflicts. International agreements of a global nature, which have been in force for decades with varying degrees of effectiveness, are also called upon to solve this problem. The main thing is that in the process of implementing their provisions, the tasks to be solved should be set before the States, as well as the implementation of their provisions should be among the main priorities of the Governments of the States that are parties to them.