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11 Rev. Eur. Comp. & Int'l Envtl. L. iii (2002)

handle is hein.journals/reel11 and id is 1 raw text is: RECIEL 11 (1) 2002. ISSN 0962 8797 Editorial Biodiversity is the term used to describe the vast vari- ety of life on Earth The Earth's biodiversity has taken millions of years to reach the point that it has attained today, and it continues to change. However, the pres- sures that human beings exert on the Earth and its life forms have accelerated this process of transformation. Since 1950, the global human population has more than doubled and the global economy has quintupled. The results have been remarkable improvements in the standards of living for people, particularly in the North, and the disappearance of species at 50-100 times the natural rate.'The fragmentation and loss of species and habitats endanger human civilization, with threats of food security, economic instability, cul- tural destabilization, ecosystem collapse and climate change. The signing of the Convention on Biological Diversity (CBD) at the United Nations Conference on Environ- ment and Development (UNCED) at Rio de Janeiro in June 1992 marked the first integrated and global attempt to take action to reduce the magnitude of these threats. For the first time, international law relating to biodiversity addressed the interlinkages across media and the integrated nature of the prob- lem, while also addressing human needs for develop- ment on a global scale. Principles such as the precautionary principle and sustainable development were recognized by the world community and per- haps, most importantly, public awareness of the prob- lems facing the Earth's biodiversity was aroused. The approach of the World Summit on Sustainable Development (WSSD) to be held this August in Johan- nesburg provides a benchmark from which to gauge the development of international biodiversity laws and to reflect on the progress that has occurred in this field since the UNCED at Rio 10 years ago-The articles in this issue of RECIEL analyse several areas of import- ance to the integrity of the Earth's biodiversity, many of which will likely be addressed at the WSSD. This issue of RECIEL begins with an article by David Cooper who analyses the recently signed International Treaty on Plant Genetic Resources for Food Agricul- ture. He sees the Treaty as a mechanism that brings together the CBD, agriculture and international trade in an attempt to promote the development of sustain- able agriculture through international cooperation. 1 In fact, biologist E.O. Wilson estimates that the present rate of species extinction is closer to 10,000 times the natural rate. See E.O. Wilson, The diversity of Life (WW. Norton & Company, 1992). He carefully reviews the text of the new Treaty looking at the issues of farmers' rights, access and benefit sharing, intellectual property rights and the need for international cooperation. He finds that the Treaty's strengths are in the balancing of the need to facilitate access to genetic resources of food crops with the sovereign rights of States and the meeting of divergent desires of stakeholders. - The Treaty's 'multilateral system for access and benefit sharing' is viewed as the key to the Treaty through its functions in facilitating sustainable access to genetic resources while encour- aging the development of improved crop varieties-The Treaty's provisions on benefit sharing are seen by him as an attempt to ensure that poorer States, which are perhaps the most vulnerable to food security problems and the most in need of the development of more sus- tainable agricultural practices, acquire equitable bene- fits from the regime. D6sir6e McGraw in her analysis of the CBD advances the argument that the CBD is a framework agreement based on the principles of national implementation, cooperation with other agreements, and post-agreement negotiation of annexes and protocols. She believes that the degree to which the CBD will be effectively implemented will depend on how States react to its comprehensiveness, its complexity and the compromises made during its negotiations. Peter Herkenrath reviews some of the successes and failures in the implementation of the CBD. Specific- ally, he looks at Article 6(a) of the Convention (develop- ment of national strategies, plans and programmes) and the creation of national biodiversity strategies and action plans as a means of examining how well the CBD has been implemented. He finds that effective implementation of the CBD requires strong domestic commitments and legislation, supported by inclusive public participation, integration and international cooperation. In their piece, Philippe Cullet and Patricia Kameri- Mbote examine the international and regional frame- works for the management of biodiversity in Africa. They look at domestic and international legal trends, institutional initiatives and the prospects for the development of more sustainable and effective legal mechanisms for African biodiversity management. Although international law has had a great impact in advancing environmental initiatives in Africa, Cullet and Kameri-Mbote find that the concerns expressed in these laws do not always reflect African needs, and thus African States may have difficulty inspiring @ Blackwell Publishers Ltd. 2002, 108 Cowley Road, Oxford OX4 1JF, UK and 350 Main Street, Maiden, MA 02148, USA. Ill

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