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The Convention on Biological Diversity. Supporting Ecological Sustainability or Prolonging Denial?

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Author(s): Aðalheiður Jóhannsdóttir

Journal: Nordisk Miljörättslig Tidskrift
ISSN 2000-4273

Volume: 2010;
Issue: 1;
Start page: 81;
Date: 2010;
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Keywords: convention on biological diversity | sustainable development | environmental law methodology

ABSTRACT
Rooted in and carved into the international legal system,the emergence and growth of modern internationalbiodiversity law has brought on the scene importantobjectives, concepts and principles. Still, recent statusreports indicate that regulatory developments have notbeen successful, and the decline of biodiversity continuesall over the world. Against this background thearticle explores the main features of the Conventionon Biological Diversity (CBD). Its objective is to theoriseand discuss the CBD, particularly in light of some ofthe fundamental principles of international law. Theprinciples focused on in this article are: (1) the sovereignright of states to utilise their own natural resources,and (2) their responsibility to prevent environmentaldamage in other states and in areas beyond theirnational jurisdiction. It will be argued that the mainfeatures of the CBD and its interaction with the aboveprinciples are prolonging international denial of whatis really needed to support future biodiversity. Themethod used in the article builds upon some basicfeatures of environmental law methodology (ELM).
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