Issue Brief 2016

Prof Jorge Cabrera, D.C.L. & LL.M. (UCR), M.B.A. (National CR),

University of Costa Rica

Frédéric Perron-Welch, M.A. (Toronto), LL.B. (Dalhousie), CISDL

Dr. Balakrishna Pisupati, Ph.D. (Osmania), M.Phil. (Cantab), UNEP/DELC

SDG 15 on Terrestrial Ecosystems and Biodiversity: Contributions of International Law, Policy and Governance

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SDG 15 ON TERRESTRIAL ECOSYSTEMS AND BIODIVERSITY: CONTRIBUTIONS OF INTERNATIONAL LAW, POLICY AND GOVERNANCE

Prof. Jorge Cabrera, D.C.L. & LL.M. (UCR), M.B.A. (National CR), University of Costa Rica

Mr. Frédéric Perron-Welch, M.A. (Toronto), LL.B. (Dalhousie), CISDL Dr. Balakrishna Pisupati, Ph.D. (Osmania), M.Phil. (Cantab), UNEP/DELC

____________________________________________________________ I. INTRODUCTION

This Issue Brief focuses on Sustainable Development Goal 15 to protect, restore and promote sustainable use of terrestrial ecosystems, sustainably manage forests, combat desertification, and halt and reverse land degradation and halt biodiversity loss (SDG 15 Life on Land). It highlights the potential contributions of international law and policy in delivering targets 15.1 – 15.9.1 The Issue Brief provides a cursory survey of principal international law, policy and governance measures that have the potential to contribute to realizing SDG 15. It considers options for legal and policy preparedness, notes potential for mainstreaming and more integrated implementation at international and national levels, and offers some recommendations to deal with these issues. The analysis suggests that the SDG 15 targets are backed up by international environmental governance systems and legal measures, including multilateral environmental agreements (MEAs) that need to be appropriately linked to discussions on the development of indicators related to targets and national implementation. II. CONTRIBUTION OF INTERNATIONAL LAW, POLICY AND GOVERNANCE TO SDG 15 ON TERRESTRIAL ECOSYSTEMS AND BIODIVERSITY International and domestic environmental law and policy supporting better management of the environment, natural resources and ecosystems is guided by three principles of governance, namely, good governance (the process of inclusive decision making), effective governance (dealing with set goals and targets) and equitable governance (based on distributive justice).2 In the context of realizing targets under SDG 15, countries have had some success establishing effective governance measures through actions related to the implementation of multilateral environmental agreements (MEAs). Good and equitable governance-related issues need more attention when countries are preparing to deal with

1 Transforming our World: The 2030 Agenda for Sustainable Development, UN Doc A/RES/70/1. [Transforming our World] 2 D Shroeder and B Pisupati, Ethics, Justice and the Convention on Biological Diversity (UNEP, 2010).

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setting a national agenda on SDG implementation. For the purpose of this Issue Brief, focus is placed on using the MEAs related to biodiversity as the primary trigger to further strengthen governance, law and policy. In support of SDG 15, through the cluster of biodiversity-related treaties and instruments, countries have established legally binding obligations to implement actions for conservation and sustainable use of biodiversity and equitable benefit-sharing at national, regional and international levels. Complementary means and governance approaches have been developed to address inter-linkages between the issues addressed under the respective treaty regimes and to provide a basis for cooperation.3 The governing bodies of the respective international instruments have also set out specific mandates for cooperation, backed by formal memoranda of cooperation and joint work programmes.4 Of the key biodiversity related conventions, the Convention on Biological Diversity (CBD) supports actions at ecosystem, species and genetic levels focusing on conservation of

3 B Pisupati, Biodiversity Governance: Lessons for International Environmental Governance (National Biodiversity Authority, India, 2012). 4 Seven international treaties are recognized as focusing specifically on biodiversity: the Convention on Biological Diversity (CBD), the Convention on the Conservation of Migratory Species of Wild Animals (CMS), the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), the International Treaty on Plant Genetic Resources for Food and

Box 1: SDG 15 - Protect, restore and promote sustainable use of terrestrial ecosystems, sustainably manage forests, combat desertification, and halt and reverse land degradation and halt biodiversity loss 15.1 By 2020, ensure the conservation, restoration and sustainable use of terrestrial and inland freshwater ecosystems and their services, in particular forests, wetlands, mountains and drylands, in line with obligations under international agreements 15.2 By 2020, promote the implementation of sustainable management of all types of forests, halt deforestation, restore degraded forests and substantially increase afforestation and reforestation globally 15.3 By 2030, combat desertification, restore degraded land and soil, including land affected by desertification, drought and floods, and strive to achieve a land degradation-neutral world 15.4 By 2030, ensure the conservation of mountain ecosystems, including their biodiversity, in order to enhance their capacity to provide benefits that are essential for sustainable development 15.5 Take urgent and significant action to reduce the degradation of natural habitats, halt the loss of biodiversity and, by 2020, protect and prevent the extinction of threatened species 15.6 Promote fair and equitable sharing of the benefits arising from the utilization of genetic resources and promote appropriate access to such resources, as internationally agreed 15.7 Take urgent action to end poaching and trafficking of protected species of flora and fauna and address both demand and supply of illegal wildlife products 15.8 By 2020, introduce measures to prevent the introduction and significantly reduce the impact of invasive alien species on land and water ecosystems and control or eradicate the priority species 15.9 By 2020, integrate ecosystem and biodiversity values into national and local planning, development processes, poverty reduction strategies and accounts 15.a Mobilize and significantly increase financial resources from all sources to conserve and sustainably use biodiversity and ecosystems 15.b Mobilize significant resources from all sources and at all levels to finance sustainable forest management and provide adequate incentives to developing countries to advance such management, including for conservation and reforestation 15.c Enhance global support for efforts to combat poaching and trafficking of protected species, including by increasing the capacity of local communities to pursue sustainable livelihood opportunities

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biological diversity,5 the sustainable use of biological resources,6 and the fair and equitable sharing of the benefits arising from the utilization of genetic resources,7 including through appropriate access to genetic resources and transfer of relevant technologies, taking into account all rights over those resources and to technologies, and by appropriate funding. The CBD is perhaps the most comprehensive international environmental and legal instrument to deal with justice and governance of biodiversity and ecosystems.8 The CBD reflects the international principle that States have the sovereign right to exploit their own biological and genetic resources pursuant to their own national laws and policies, subject to the constraint that such actions do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction.9 Furthermore, Parties are expected to cooperate with other Parties directly, or through international organizations, on conservation and sustainable use of biodiversity in areas beyond national jurisdiction, and on other matters of mutual interest.10 For implementation, commitments to collaborate with financing and capacity development are also key.11 In addition to the CBD, a number of biodiversity related MEAs offer opportunities to implement SDG 15 effectively at different levels. In 2010, the 10th Conference of the Parties (COP) to the CBD adopted the Strategic Plan for Biodiversity 2011-202012 with the purpose of inspiring broad-based action by all countries and all stakeholders in order to meet the three objectives of the CBD through the establishment of a shared vision13 and mission,14 grounded in 5 cross-cutting strategic goals and 20 targets known as the Aichi Biodiversity Targets. The CBD Strategic Plan and related targets have subsequently been adopted by several biodiversity MEAs as the guiding elements for their work.15 A significant part of SDG 15, related targets, and indicators,16 are in direct alignment with the provisions of CBD and several other

Agriculture (ITPGRFA), the Convention on Wetlands of International Importance especially as Waterfowl Habitat (Ramsar Convention), the Convention Concerning the Protection of the World Cultural and Natural Heritage (World Heritage Convention) and the International Plant Protection Convention (IPPC). See: Secretariat of the Convention on Biological Diversity, “Biodiversity-related Conventions”, online: http://www.cbd.int/brc/. 5 “Biological diversity” is the variability among living organisms from all sources and the ecological complexes of which they are a part. 6 “Biological resources” includes any biotic component of ecosystems with actual or potential use or value for humanity. 7 “Genetic resources” any material of plant, animal, microbial or other origin containing functional units of heredity of actual or potential value. 8 Shroeder and Pisupati, supra. 9 Ibid at Article 3. 10 Ibid at Article 5. 11 CBD, supra at Articles 1 & 2. 12 CBD, COP Decision X/2, Strategic Plan for Biodiversity 2011-2020, online: http://www.cbd.int/decision/cop/?id=12268. [Strategic Plan] 13 The Vision of the Strategic Plan: “By 2050, biodiversity is valued, conserved, restored and wisely used, maintaining ecosystem services, sustaining a healthy planet and delivering benefits essential for all people. 14 The Mission of the Strategic Plan: “Take effective and urgent action to halt the loss of biodiversity in order to ensure that by 2020 ecosystems are resilient and continue to provide essential services, thereby securing the planet’s variety of life, and contributing to human well-being, and poverty eradication. To ensure this, pressures on biodiversity are reduced, ecosystems are restored, biological resources are sustainably used and benefits arising out of utilization of genetic resources are shared in a fair and equitable manner, adequate financial resources are provided, capacities are enhanced, biodiversity issues and values mainstreamed, appropriate policies are effectively implemented, and decision-making is based on sound science and the precautionary approach. 15 CBD COP Decision X/20, Paragraphs 4, 7-11. 16 B Pisupati, Role of multilateral environmental agreements in achieving the sustainable development goals (SDGs) with special focus on Biodiversity MEAs (Nairobi: UNEP, 2016).

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biodiversity MEAs, including Protocols under the CBD such as the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization (Nagoya Protocol). The CBD COP has also adopted a series of programmes of work to further the conservation and sustainable use of biodiversity in particular ecosystems, including the Programme of Work on Dry and Sub-humid Lands which supports target 15.3 on restoring degraded lands,17 Expanded Programme of Work on Forest Biological Diversity which supports target 15.2 on forests,18 Programme of Work on Mountain Biodiversity which supports target 15.4 on mountains,19 and the Revised Programme of Work on Inland Water Biological Diversity.20 The COP has also adopted a series of principles, guidelines and other tools to support implementation of specific provisions of the CBD, such as the Addis Ababa Principles and Guidelines for the Sustainable Use of Biodiversity,21 Guidelines on Biodiversity and Tourism Development,22 Guiding Principles for the Prevention, Introduction and Mitigation of Alien Species that Threaten Ecosystems, Habitats or Species which supports target 15.8 on alien species,23 The Ecosystem Approach,24 The Tkarihwaié:ri Code of Ethical Conduct to Ensure Respect for the Cultural and Intellectual Heritage of Indigenous and Local Communities which supports target 15.6 on benefit-sharing25 and Voluntary Guidelines on Biodiversity-Inclusive Impact Assessment which supports target 15.9 on mainstreaming.26 Through new policies and innovative governance arrangements, including monitoring and peer review mechanisms, these COP decisions can contribute to the implementation of SDG 15. National reports provided by Parties in accordance with Article 26 will also provide a valuable window on the status of implementation. To preserve threatened and endangered species that are subject to international trade, the Convention on International Trade on Endangered Species (CITES) aims to control the trade in designated species to avoid their extinction27 based on the precautionary approach.28 With the revisions made at COP 16 in 2013, the Parties to CITES have embraced the Aichi Targets and the Strategic Plan for Biodiversity in the CITES Strategic Vision: 2008-2020, which aims to “conserve biodiversity and contribute to its sustainable use by ensuring that no species of wild fauna or flora becomes or remains subject to unsustainable exploitation through international trade, thereby contributing to the

17 CBD COP Decision V/23, Annex, online: http://www.cbd.int/decision/cop/?id=7165. 18 CBD COP Decision VI/22, Annex, online: http://www.cbd.int/decision/cop/?id=7196. 19 CBD COP Decision VII/27, Annex, online: http://www.cbd.int/decision/cop/?id=7764. 20 CBD COP Decision VII/4, Annex, online: http://www.cbd.int/decision/cop/?id=7741. 21 CBD COP Decision VII/12, Annex II, online: http://www.cbd.int/decision/cop/?id=7749. 22 CBD COP Decision VII/14, Annex, online: http://www.cbd.int/decision/cop/?id=7751. 23 CBD COP Decision VI/23, Annex, online: http://www.cbd.int/decision/cop/?id=7197. 24 CBD COP Decision VII/11, Annex I, online: http://www.cbd.int/decision/cop/?id=7748. 25 CBD COP Decision X/42, Annex, online: http://www.cbd.int/decision/cop/?id=12308. 26 CBD COP Decision VIII/28, Annex, online: http://www.cbd.int/decision/cop/?id=11042. 27 CITES, supra at Article II. 28 CITES COP Resolution Conf.9.24, Criteria for Amendments of Appendices I and II, online: http://www.cites.org/eng/res/09/09-24R16.php.

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significant reduction of the rate of biodiversity loss and making a significant contribution towards achieving the relevant Aichi Biodiversity Targets.”29 Threats to the survival of transboundary species are addressed in the Convention on Migratory Species (CMS), which aims to conserve terrestrial, marine and avian migratory species throughout their range.30 The 120 Parties work together to conserve migratory species and their habitats by providing strict protection for the most endangered species by conserving or restoring the places where they live, mitigating obstacles to migration and controlling other harmful factors (listed in CMS Appendix I), concluding regional multilateral agreements for the conservation and management of specific migratory species or categories of species with unfavorable conservation status which require international agreements for their conservation and management, or species with a status which would significantly benefit from international cooperation under an agreement (listed in CMS Appendix II), and undertaking co-operative research and conservation activities.31 Appendix II agreements range from legally binding agreements to less formal instruments like memoranda of understanding, and are adapted to the requirements of particular regions.32 At CMS COP 11 in 2014, the Strategic Plan for Migratory Species was adopted, with the goal of being applicable beyond the CMS by adapting the Aichi Targets as appropriate, thus allowing for the harmonized implementation of the CMS and the CBD through tools such as National Biodiversity Strategies and Action Plans (NBSAPs) and the SDGs.33 The International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) provides a framework for its 133 Parties to promote the conservation, sustainable use and equitable sharing of benefits arising from the use of plant genetic resources for food and agriculture (PGRFA), in harmony with the CBD, to ensure sustainable agriculture and food security.34 As a primary mechanism, the treaty establishes a multilateral system (MLS) for access and benefit-sharing to facilitate equitable access to designated categories of PGRFA.35 This system operates concurrently with the rules on access and benefit-sharing established by the Nagoya Protocol. Furthermore, the Convention concerning the World Cultural and Natural Heritage (the World Heritage Convention) aims to identify and conserve the world's cultural and natural heritage by drawing up a list of sites identified by its 191 Parties36 (the “World Heritage List”) whose outstanding values should be preserved for all humanity. Notably, Parties pledge to conserve not only their culturally significant heritage, but also their natural

29 CITES COP Resolution Conf. 16.3, CITES Strategic Vision: 2008-2020, online: http://www.cites.org/eng/res/16/16-03.php; see also John E. Scanlon, “How CITES is Taking Concrete Action for a World Living in Harmony with Nature: CITES’ Contribution to the UN Decade on Biodiversity”, IISD Biodiversity-L Guest Article #23, online: http://biodiversity-l.iisd.org/guest-articles/how-cites-is-taking-concrete-action-for-a-world-living-in-harmony-with-nature-cites-contribution-to-the-un-decade-on-biodiversity/. 30 CMS, supra at Preamble. 31 Ibid at Article III(4); Ibid at Article IV(1). 32 CMS Secretariat, “Introduction: CMS”, online: http://www.cms.int/en/legalinstrument/cms 33 Bradnee Chambers, “CMS COP11: A Substantive Summary of Critical Outcomes”, Biodiversity-L Guest Article #28, online: http://biodiversity-l.iisd.org/guest-articles/cms-cop11-a-substantive-summary-of-critical-outcomes/. 34 ITPGRFA, supra at Article 1. 35 Ibid at Article 10-13. 36 World Heritage Convention, supra at Article 3.

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heritage, including natural features of outstanding universal aesthetic or scientific value, geological and physiographical formations and areas that are the habitat of threatened species of animals or plants, and natural sites or areas of outstanding universal value from the point of science, conservation or natural beauty.37 Each Party recognizes its duty to identify, conserve and transmit its cultural and natural heritage to future generations and to do all it can to this end, to the utmost of its own resources, and with any international assistance and co-operation required.38 There are over 225 mixed and natural sites which cover 270 million ha on the World Heritage List;39 sites of outstandingly varied and rare species and ecosystems. Under the Ramsar Convention on Wetlands of International Importance, 169 Parties create a framework for national action and international cooperation for the conservation and wise use of internationally significant wetlands and their resources, recognizing that wetlands are ecosystems that are important for biodiversity conservation in general, and for the well-being of human communities.40 In the context of the Ramsar Convention, the term “wetlands” includes all lakes and rivers, underground aquifers, swamps and marshes, wet grasslands, peatlands, oases, estuaries, deltas and tidal flats, mangroves and other coastal areas, coral reefs, and all human-made sites such as fish ponds, rice paddies, reservoirs and salt pans.41 The Convention requires Parties to formulate plans and implement them in order to promote the conservation of wetlands included in the Ramsar List of Wetlands of International Importance, to wisely use wetlands in their territory as far as possible, to promote the conservation of wetlands and waterfowl by establishing nature reserves on all wetlands, listed or not, and provide adequately for their protection.42 In order to protect the world’s cultivated and wild plant resources, the International Plant Protection Convention (IPPC) brings together 181 Parties to prevent the introduction and spread of plant pests and promote appropriate measures for their control.43 The IPPC requires Parties to establish national plant protection organizations to conduct phytosanitary inspection, certification, disinfestation/disinfection, protection of endangered areas, surveillance, and pest risk analysis.44 Countries commit to cooperate in exchanging information on plant pests and technical and biological information for risk analysis,45 establish regional plant protection organizations,46 and provide technical assistance to Parties, especially developing countries.47

37 Ibid at Article 2. 38 Ibid at Article 4. 39 UNESCO, “World Heritage List Statistics”, online: http://whc.unesco.org/en/list/stat. 40 Ramsar Convention, supra at Article 3(1). 41 Ibid at Article 1(1); Ramsar Convention Secretariat, “The Ramsar Convention and its Mission”, online: http://www.ramsar.org/about/the-ramsar-convention-and-its-mission. 42 Ibid at Article 4(1). 43 IPPC, supra, at Article 1. 44 Ibid at Article IV. 45 Ibid at Article VIII. 46 Ibid at Article IX. 47 Ibid at Article XX.

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To ensure uniform application, the FAO Commission on Phytosanitary Measures has developed International Standards for Phytosanitary Measures (ISPMs), recognised by the WTO Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement). In addition to these seven specialized biodiversity instruments, the United Nations Convention to Combat Desertification in Those Countries Experiencing Drought and/or Desertification, Particularly in Africa (UNCCD) calls upon national governments, NGOs, and local populations to cooperate to combat desertification and mitigate the effects of drought and dryland degradation.48 The UNCCD contains five regional annexes, with the initial focus on the African continent as it is the region most threatened by desertification. It promotes sustainable development as the primary means to combat desertification.49 A strategic planning framework is also established to coordinate national action programs on sustainable development to operationalize the goals of the Convention.50 Further, through the United Nations Framework Convention on Climate Change (UNFCCC), Parties aim to prevent dangerous climate change.51 States commit to promote sustainable management, and promote and cooperate in the conservation and enhancement, as appropriate, of sinks and reservoirs of greenhouse gases, including biomass, forests and oceans as well as other terrestrial, coastal and marine ecosystems.52 The reduction of emissions from deforestation and forest degradation in developing countries, particularly through conservation, sustainable management of forests and the enhancement of carbon stocks (REDD+), has taken on particular significance in this regard. Depending on how it is executed, REDD+ could either support or undermine the conservation and sustainable use of biodiversity.53 Parties adopted the Cancun Safeguards at COP 16 to address the issue of adverse impacts through the concept of biodiversity safeguards.54 Safeguards were also addressed in the Warsaw Framework for REDD+ at COP 19.55 Although COP 20 left certain gaps,56 the new Paris Agreement finally accorded in COP 21 clearly reflects the importance of forests. Building on the above synopsis, the following table outlines linkages between the various conventions and SDG 15.

48 UNCCD, supra at Article 2. 49 Ibid at Preamble, Articles 1(a), 2-3. 50 Ibid at Article 6. 51 UNFCCC, supra at Article 2. 52 Ibid at Article 4(1)(d). 53 Lera Miles and Barney Dickson, “REDD-plus and biodiversity: opportunities and challenges” [2010] (61)236 Unasilva 56-63. 54 UNFCCC COP Decision 1/CP.16, The Cancun Agreements: Outcome of the work of the Ad Hoc Working Group on Long-term Cooperative Action under the Convention, appendix I. 55 UNFCCC COP Decision 12/CP.19, The timing and the frequency of presentations of the summary of information on how all the safeguards referred to in decision 1/CP.16, appendix I, are being addressed and respected. 56 Forests News, “Deal or no deal, experts upbeat on progress of REDD+ safeguards”, online: http://blog.cifor.org/26005/deal-or-no-deal-experts-upbeat-on-progress-of-redd-safeguards.

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Table 1 - Links between SDGs and targets and key MEAs

MEA Focus Link to SDG and target

CBD

Conservation of biodiversity; sustainable use of biodiversity; fair and equitable sharing of benefits arising from the use of genetic resources

Goal 15, targets 15.1, 15.2, 15.4, 15.5, 15.6, 15.7, 15.8, 15.9 and 15.b

CITES Monitoring trade in endangered species to ensure survival of species is not threatened

Goal 15, targets 15.7 and 15.b

CMS

Conservation of terrestrial, aquatic and avian migratory species, their habitats and migration routes, to ensure their favourable conservation status across their migratory ranges

Goal 15, targets 15.8 and 15.9

Ramsar Convention

Framework for national action and international cooperation for the conservation and use of wetlands and their resources

Goal 15, target 15.1

ITPGRFA

Conservation and sustainable use of plant genetic resources for food and agriculture and the fair and equitable sharing of benefits derived from their use for sustainable agriculture and food security

Goal 15, targets 15.5, 15.6 and 15.9.

World Heritage Convention

Protection of the world’s cultural and natural heritage

Goal 15, targets 15.1, 15.4, 15.5 and 15.9

IPPC

Secure coordinated, effective action to prevent and control the introduction and spread of pests of plants and plant products

Goal 15, targets 15.1 and 15.8

UNFCCC

Stabilize greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system

Goal 15, targets 15.1, 15.2, 15.4, 15.5, 15.8 and 15.b

UNCCD

Combat desertification and mitigate the effects of drought through national action programmes that incorporate long-term strategies supported by international cooperation and partnership arrangements

Goal 15, target 15.3

Adapted from B. Pisupati, Role of multilateral environmental agreements in achieving the sustainable development goals (SDGs) with special focus on Biodiversity MEAs (UNEP, 2016)

A quick assessment of the contributions of various MEAs to addressing the legal, policy and governance issues underlying SDG 15 indicates that a significant number of actions are underway at different levels in order to promote effective biodiversity governance. In

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particular the CBD explicitly calls for action, including through the Nagoya Protocol, on issues of equity. Current discussions underway within the United Nations Environment Programme (UNEP) and several MEAs focus on ensuring that principles of good governance also entail effective delivery of SDG 15. Measures supporting this include discussions to enhance cooperation and synergies among the MEAs,57 developing data and information intensive reporting, monitoring and evaluation systems that contribute to firming up the SDG indicators and the like, which all depend on ensuring inclusive and informed participation of diverse stakeholders in implementing the MEAs, thus contributing to SDG 15. III. LEGAL OBSTACLES FACING THE IMPLEMENTATION OF SDG 15 ON

TERRESTRIAL ECOSYSTEMS AND BIODIVERSITY

Considering the need to deliver on national commitments to deliver on the various MEAs that countries are Parties to, there is a direct correlation between country level legal and policy preparedness to deliver MEAs and the implementation of the SDGs. One key opportunity for connecting various MEAs and helping countries prepare to deliver on SDG 15 exists in the form of NBSAPs. Currently more than 100 countries are finalizing their NBSAPs. Repeated calls are being made through various governing bodies of MEAs and UNEP to use the NBSAPs as a key entry point to deal with both legal preparedness and policy coherence on issues of biodiversity and ecosystem governance.58 The UN General Assembly encouraged Parties and all stakeholders, institutions and organizations concerned to consider the Strategic Plan for Biodiversity 2011-2020 and the Aichi Biodiversity Targets in the elaboration of the post-2015 UN development agenda, taking into account the three dimensions of sustainable development.59 Member States attending the Rio+20 Conference also committed to strengthening the role of UNEP given its role the leading global environmental authority that sets the global environmental agenda, promotes the coherent implementation of the environmental dimension of sustainable development within the UN system, and serves as an authoritative advocate for the global environment.60 A reality check in terms of how countries are progressing towards achieving the Strategic Plan of Biodiversity (2011-2020), provided by the fourth edition of the Global Biodiversity Outlook (GBO 4), indicates that in most cases, progress on meeting the Aichi Biodiversity Targets is insufficient to achieve the targets set for 2020, and that additional action is required to keep the Strategic Plan for Biodiversity 2011-2020 on course.61 Targeted intervention is urgently required at the national level to ensure that the international environmental legal and policy commitments made through MEAs such as the CBD are

57 UNEP, Options to enhance synergies and cooperation among the biodiversity related conventions (Nairobi: UNEP, 2016). 58 B Pisupati, Enhancing cooperation among the seven biodiversity related agreements and conventions at the national level using national biodiversity strategies and action plans (Nairobi: UNEP, 2016). 59 UNGA, Implementation of the Convention on Biological Diversity and its contribution to sustainable development, 21 December 2012, UN Doc. A/RES/67/212, online: http://www.un.org/en/ga/search/view_doc.asp?symbol=A/RES/67/212. 60 United Nations Conference on Sustainable Development, The Future We Want, UN Doc A/CONF.216/L.1 (June 2012) at para. 88, online: https://rio20.un.org/sites/rio20.un.org/files/a-conf.216l-1_english.pdf [The Future We Want] 61 Secretariat of the Convention on Biological Diversity, Global Biodiversity Outlook 4: A mid-term assessment of progress towards the implementation of the Strategic Plan for Biodiversity 2011-2020 (Montreal, Canada: SCBD, 2014) at 10. [GBO 4]

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seriously pursued using principles of both environmental rule of law and natural law, supported by more effective governance measures. Though countries have shown better policy preparedness to deal with the issue of achieving the objectives of the Strategic Plan of Biodiversity,62 current legal and governance measures need to be further strengthened. IV. INTERNATIONAL POLICY, INSTITUTIONAL AND ARRANGEMENTS TO COORDINATE DELIVERY OF SDG 15 ON TERRESTRIAL ECOSYSTEMS AND BIODIVERSITY Existing policies, institutional and governance measures established at the international level can facilitate coordination of each of the respective targets under SDG 15. Further, governance and policy frameworks can be strengthened, reinforced or streamlined to leverage inherent synergies to promote coherence, enhance financial mobilization and increase transparency in biodiversity governance in a participatory manner. The inherent complementarity of the global regime relating to biodiversity uniquely positions institutions in a collaborative framework focused on the Aichi Targets, with development of specialized strategic implementation models occurring under each respective forum, allowing for both broad and highly specific policy discourse. The conservation and sustainable use of biodiversity benefits from a wide breadth of relevant forums, including COPs and MOPs, subsidiary or technical bodies, and programs of work or working groups established under each of the relevant Conventions, the paramount ones being those established under the CBD. Under the Strategic Plan, the Aichi Targets provide a collection of biodiversity-specific metrics which naturally lend themselves to application to SDG 15. All of the biodiversity-related MEAs play an integral role in implementation, yet greater coordination is needed to enhance policy alignment and create institutional synergies pertaining to their complementary mandates. V. SDG 15 GUIDING DOMESTIC ACTION ON TERRESTRIAL ECOSYSTEMS AND BIODIVERSITY Though currently we are focusing on SDG 15 related to terrestrial ecosystems and biodiversity, the targets relevant to biodiversity and ecosystems also appear in other Goals, such as Goal 1 (End poverty in all its forms everywhere),63 Goal 2 (End hunger, achieve food security and improved nutrition, and promote sustainable agriculture),64 Goal 6 (Ensure availability and sustainable management of water and sanitation for all),65

62 B Pisupati and C Prip, Interim assessment of post 2010 national biodiversity strategies and action plans (NBSAPs) (UNEP-WCMC and FNI, 2015). 63 Goal 1.4 By 2030, ensure that all men and women, in particular the poor and the vulnerable, have equal rights to economic resources, as well as access to basic services, ownership and control over land and other forms of property, inheritance, natural resources, appropriate new technology and financial services, including microfinance. 64 Target 2.5: By 2020, maintain the genetic diversity of seeds, cultivated plants and farmed and domesticated animals and their related wild species, including through soundly managed and diversified seed and plant banks at the national, regional and international levels, and promote access to and fair and equitable sharing of benefits arising from the utilization of genetic resources and associated traditional knowledge, as internationally agreed. 65 Target 6.6: By 2020, protect and restore water-related ecosystems, including mountains, forests, wetlands, rivers, aquifers and lakes.

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Goal 8 (Promote sustained, inclusive and sustainable economic growth, full and productive employment and decent work for all),66 and Goal 11 (Make cities and human settlements inclusive, safe, resilient and sustainable).67 SDG implementation offers opportunities to mainstream biodiversity into key national priorities and sectors, and will help countries achieve the objectives of the Strategic Plan and Aichi Targets.68 The 2030 Agenda clearly recognizes the links between social and economic development and the sustainable management of the planet’s natural resources, and commits to conserve and sustainably use oceans and seas, freshwater resources, as well as forests, mountains and drylands and to protect biodiversity, ecosystems and wildlife, promote sustainable tourism, tackle water scarcity and water pollution, to strengthen cooperation on desertification, dust storms, land degradation and drought and to promote resilience and disaster risk reduction.69 Given that the 2030 Agenda also seeks to link the follow-up and review arrangements of all relevant UN Conferences and processes, this permits review of implementation of the Agenda 2030 and the SDGs to take into account the results of the final review of the Strategic Plan for Biodiversity and Aichi Targets by CBD COP 15 in 2020, as well as other

66 Target 8.4: Improve progressively, through 2030, global resource efficiency in consumption and production and endeavour to decouple economic growth from environmental degradation, in accordance with the 10-year framework of programmes on sustainable consumption and production, with developed countries taking the lead. Compare with Aichi Biodiversity Target 4: By 2020, at the latest, Governments, business and stakeholders at all levels have taken steps to achieve or have implemented plans for sustainable production and consumption and have kept the impacts of use of natural resources well within safe ecological limits. 67 Target 11.4 Strengthen efforts to protect and safeguard the world’s cultural and natural heritage. 68 SCBD Notification, supra. 69 Transforming our world, supra at para 33.

BOX 2: NATIONAL IMPLEMENTATION

Achievement of SDG 15 at the national level requires a coordinated approach, traditionally facilitated through the use of a national biodiversity strategy and action plan (NBSAP). Establishment of a multi-stakeholder inter-ministerial body provides an effective means to integrate different technical skills and perspectives into the policy-making process. Often this process is directed by the Ministry of Environment, exclusively or in conjunction with other impacted ministries including Fisheries or Marine Affairs, Agriculture, Forests, Indigenous Affairs, Finance, and often designated members of civil society, NGOs, technical experts, and indigenous and local communities(ILCs). Additionally, these bodies often establish a means to integrate technical expertise into strategic planning procedures either through direct participation, establishment of a dedicated scientific and technical panel, or through cooperation with academic or technical institutions.

Domestic priorities under the NBSAP should be established using an ecosystem approach and necessitates policy intersections with SDG 6 related to water, SDG 12 on sustainable consumption and production, SDG 13 on climate change, SDG 14 on marine ecosystems, and also SDG 1 on poverty eradication, SDG 3 on human health, SDG 8 on livelihoods, and SDG 11 on cities. Implementation at the national level requires consultation with stakeholders including the private sector, academics, NGOs and ILCs. In engaging with ILCs, it is important to ensure that participants are legitimate representatives of their communities, and to provide the appropriate scope, time and number of events necessary to ensure adequate consultations. Implementing policy objectives at a local level may require delegation of authority to local authorities, institutions or organizations. Delegated implementation coordinated through a national or regional coordination model, supported by horizontal and vertical knowledge transfer mechanisms, allows for local ownership and development of unique solutions to local issues.

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plans adopted by the biodiversity-related conventions, in order to guide decisions

covering the ten year period between 2020 and 2030.70

Measures to acheive SDG 15 should be tailored to the unique drivers of the domestic legal landscape and incorporation into overall polcies related to economic growth, resource extraction, and community and stakeholder engagment. A broad spectrum of potential stakeholders are interested in biodiversity policy planning, with strong national leadership and institutions needed to establish trust in the legal framework. Further inquiry is needed to identify national practices which can inform implementation, although hypothetical elements can be identified, linked to the National Biodiversity Strategies and Action Plans (NBSAPs) of each country (see Box 2). In essence, SDG 15 has solid grounding in international environmental law, and the effective implementation of these international treaties can support its achievement. Initiatives can be undertaken at all levels to foster greater alignment and identify opportunities for cooperation and synergies in the implementation of biodiversity-related treaty obligations. Attaining SDG 15 involves implementation of a package of actions including legal and policy frameworks, governance arrangements, socioeconomic incentives, engagement of the public and other stakeholders, and monitoring and enforcement which extends across the many treaty frameworks mentioned above. Policy coherence across sectors and corresponding government ministries is necessary to deliver an effective package of actions.71 At the international level, for instance, UNEP is implementing a project that aims to identify opportunities for cooperation and synergies in the implementation of the biodiversity-related conventions and share best practices for achieving increased coherence in implementation at the national level.72 The International Development Law Organization (IDLO) has led an initiative on legal capacity building on the Aichi Targets.73 International legal research institutes such as the Centre for International Sustainable Development Law (CISDL) and the Fridtjof Nansen Institute (FNI) are also carrying out research, developing materials for education and technical assistance to promote more effective law and governance mechanisms, and finding other ways to support the conservation and sustainable use of biodiversity under the CBD. VI. CONCLUSION The SDGs and the Agenda 2030 can promote the transformational change in economies and societies necessary to acknowledge the role and value of biodiversity and ecosystems for economic and social development, and provide the enabling conditions for biodiversity conservation and sustainable use, for more equitable sharing of benefits,

70 Ibid. 71 GBO 4, supra at 143. 72 Promoting synergies within the cluster of biodiversity-related multilateral environmental agreements, supra. 73 IDLO, “Global Initiative on Legal Preparedness for Achieving the Aichi Targets”, online: http://www.idlo.int/news/highlights/biodiversity-legal-grounding-benefit-sharing.

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and a reduction of the drivers of biodiversity loss.74 The effectiveness of these efforts is likely to play a key part in the successful realization of SDG 15. Domestic law, policy and governance reform is likely to play an important role in many countries, and updated NBSAPs can be used as a key instrument to chart a road map to develop more effective legal, policy and governance measures.75 However, a review of about 86 post-2010 NBSAPs reveals that they are yet to integrate and mainstream issues relevant to implementation of the SDGs76. Countries should be guided by the key requirements of considering issues relevant to the SDGs within NBSAPs, ensuring that appropriate guidance is provided to the governing bodies of MEAs on the need to link with SDGs in implementation of MEAs, developing appropriate tools and methodologies to deal with rule of law at national level using MEAs as an anchor, and building the requisite capacities of stakeholders, including those in national statistical offices. The means of implementation of Agenda 2030 reflects this, noting the critical importance of cohesive, nationally owned sustainable development strategies, supported by integrated national financing frameworks.77 The protection of natural resources and ecosystems, and environmental sustainability can only be achieved where there are fair, effective and transparent national governance arrangements, and the rule of law is firmly established. Effective legal and policy regimes are essential, as are effective implementation measures, accessible legal procedures and collective access to justice, and a supporting legal and institutional framework and principles. An independent judiciary and judicial process can also prove vital for the implementation, development and enforcement of sound environmental laws.78 Members of the judiciary, as well as those contributing to the judicial process at the national, regional and global levels, are crucial partners for promoting compliance with, and implementation and enforcement of, international and national environmental law. Collaboration on international research and implementation at all levels, especially among the legal research community, law schools, and international organizations can also strengthen and further support innovative initiatives and solutions to promote and protect biodiversity. By building and supporting the capacity of courts and tribunals, as well as prosecutors, law enforcement officials and other related stakeholders at national, regional and local levels to implement the aforementioned legal instruments, and by facilitating exchanges of best practices through continued knowledge transfer and research, there is great potential to actualize the full potential of the SDG 15 on terrestrial ecosystems and biodiversity.79

74 The Future We Want, supra at para 197; The Road to Dignity by 2030, supra at 34; UN, Technical Support Team Issues Brief: Biodiversity at 1-2, online: http://sustainabledevelopment.un.org/content/documents/2401TST Issues Brief Biodiversity_FINAL.pdf 75 Updated NBSAPs are called for in Aichi Biodiversity Target 17: “By 2015 each Party has developed, adopted as a policy instrument, and has commenced implementing an effective, participatory and updated national biodiversity strategy and action plan.” 76 Interim Assessment of Revised National Biodiversity Strategies and Action Plans, supra. 77 Agenda 2030, para 63; SCBD Notification, supra. 78 Rio+20 Declaration on Justice, Governance and Law for Environmental Sustainability, supra at 3-4. 79 Ibid.

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Authors and Acknowledgements Professor Jorge Cabrera, D.C.L. & LL.M. (UCR), M.B.A. (National CR) is Lead Counsel of CISDL’s Biodiversity and Biosafety Programme, and a Professor at the University of Costa Rica Faculty of Law Frédéric Perron-Welch, M.A. (Toronto), LL.B. (Dalhousie) is Program Manager of CISDL’s Biodiversity & Biosafety Law Programme and Partner, Bionomos Law Professional Corporation Dr. Balakrishna Pisupati, Ph.D. (Osmania), M.Phil. (Cantab), is responsible for Biodiversity related MEAs and SDGs at UNEP/DELC Thanks and acknowledgements are due to the experts of the CISDL Legal Working Group on the Sustainable Development Goals from over 33 countries for their insights and review, and to senior officials in treaty secretariats, among other inter-governmental agencies, for their views. As General Editors of the series, the guidance of Dr Marie-Claire Cordonier Segger, Senior Director of the CISDL, Affiliated Fellow of the Lauterpacht Centre for International Law at the University of Cambridge, and Dr Elizabeth Mrema, Director of the Division of Environmental Law and Conventions (DELC) of UNEP, has been deeply appreciated. They specially thank Mamadou Kane, Head of DELC International Governance Unit, Hyun Sung, Programme Officer at DELC International Governance Unit and Freedom-Kai Phillips, Legal Research Fellow, CISDL, for their management and editorial leadership, as well as Sylvia Bankobeza, Legal Officer at DELC National Environmental Law Unit for her review of the issue briefs. Great appreciation is also due for the insights of HE Justice James Crawford of the International Court of Justice, Dr Nikhil Seth Executive Director of UNITAR, and other experts who participated in international seminars on the contributions of international law, policy and governance to the SDGs at the University of Cambridge in the United Kingdom, at McGill University in Canada, at the University of Zambia in Zambia, and at the University of Chile in Chile. The authors also thank CISDL fellows Aline Jäckel, Dr. Marcelin Tonye Mahop, Moussa Mbaye Gueye, Rebeca Brenes and Victoria Reynal for their comments and substantive contributions, as well as Prof. William Lavey and his students at University of Illinois Law School. Disclaimer: The views expressed in this Issue Brief are those of the authors and do not necessarily reflect the views of the United Nations Environment Programme nor the CISDL.