Sustainable Marine Spatial Planning

This assignment delves into the critical field of marine conservation, particularly emphasizing sustainable marine spatial planning. It examines various aspects like biodiversity conservation, the impact of fishing practices (including discard bans), and climate change effects on marine ecosystems. The assignment also discusses international legal frameworks, such as the Cartagena Protocol and the law of the sea, relevant to marine biodiversity protection. Additionally, it explores concepts like biodiversity offsetting and the challenges of implementing effective conservation measures in areas beyond national jurisdiction.

THE ROLE OF THE PRECAUTIONARY PRINCIPLE IN THE
CONSERVATION AND SUSTAINABLE USE OF MARINE
BIODIVERSITY
1

TABLE OF CONTENTS
Introduction......................................................................................................................................4
Research aim and objectives........................................................................................................4
The development of the precautionary principle.........................................................................5
Challenges in implementing the precautionary principle............................................................6
General implications of the precautionary principle...................................................................7
Chapter 1..........................................................................................................................................9
Precaution in biodiversity- related law and policy..........................................................................9
Multi-lateral agreements (CBD, UNCLOS and MARPOL)........................................................9
International regulations Rio Declaration 1992, Agenda 21.....................................................10
Jakarta Mandate on Marine and Coastal Biological Diversity (1995)......................................11
Domestic regulations.................................................................................................................13
Fisheries-The UN Fish Stocks Agreement 1995.......................................................................13
Biosafety-Cartagena Protocol 2000...........................................................................................14
General application of the precautionary principle in cases......................................................15
Case for Marine Biodiversity.........................................................................................................18
Chapter 2........................................................................................................................................19
The application of the precautionary principle in the conservation and sustainable use of marine
biodiversity....................................................................................................................................19
Fishery management..................................................................................................................19
Tropical reefs.............................................................................................................................21
Marine reserves..........................................................................................................................23
Marine coastal protected areas...................................................................................................24
National sanctuaries...................................................................................................................27
Marine Parks..............................................................................................................................29
2

Chapter 3........................................................................................................................................31
Challenges in implementing the precautionary principle in the conservation and sustainable use
of marine biodiversity....................................................................................................................31
Translating principles into practice...........................................................................................31
Extent and nature of uncertainty................................................................................................36
Nature of threat to biodiversity and living natural resources....................................................40
Chapter 4 Conclusion....................................................................................................................43
References......................................................................................................................................45
3

INTRODUCTION
In general terms, biodiversity can be characterized as varieties and variabilities of life on
earth; whereas marine biodiversity shows different species present within ecosystem. The coast
along Western Pacific reflects the highest Marine biodiversity, on the other hand, temperature of
sea surface temperature has been witnessed to be highest in the oceans. Moreover, it has been
observed that bunch of these species is present in hotspots and has been increasing over the time.
However, it has been predicted that these trends may slow down in the coming times. The
present research work has been emphasizing on all the principles that can be applied for the
purpose of conserving marine biodiversity. Biodiversity is concerned with variety of living
beings existing in the form of animals or plants or organisms. In addition, theseare also the
essential component of nature which aids in proper survival of the human species. The quality of
biodiversity is dependent on conditions of weather along with the area of the region1.
Flora can be characterized as a cluster of different species of plants and presently, around
300,000 species have been included within this category. Similarly, fauna is the conglomerate of
different species of animals, which is inclusive of birds, molluscs, fish and mammals. Fast
changes in the environment causes mass extinctions; hence chief focus is required to be given
towards marine conservation. It can be said that marine resources are responsible for protecting
as well as preserving the eco-system both in oceans and sea. Thus, chief focus is laid on
restricting the detrimental impact which is caused on marine eco system by the humans, which in
turn also restores and preserves vulnerable marine species. Thus, as per the application of
principles, discussion has also been made regarding implications of precautionary principle on
research, management and legal aspects.
Further, key policy areas are also identified which aids in protecting the marine life.
Along with this, different areas are also discussed wherein biodiversity principles are required to
be adopted. Moreover, specific challenges are also defined that generally arise at the time of
applying principles in the areas of concern. Marine resource conservation is an active measure
1
Ronald Bailey, ‘The Precautionary Principle’s Challenge to Progress’ (2002)
<http://home.earthlink.net/~jhadler/prec.html> accessed on 1st March 2017.
4

for addressing the biological issues such as changes in the habitat as well as extinction. It chiefly
relies variety principles which have been extracted from the subject of marine biology,
oceanography and fisheries.
Research aim and objectives
Aim:
The present research aims to analyse the role of precautionary principle in the
conservation and sustainable use of marine biodiversity.
Objectives:
In order to meet the aim of the research study, the primary focus is on framing different
objectives.
 To identify the principles used in conserving marine biodiversity
 To ascertain the importance of precautionary principle in conserving marine biodiversity
and using it in a sustainable manner.
 To explore the challenges that arise at the time of conserving marine biodiversity
The above mentioned objectives have been framed with the purpose of ascertaining all
the precautionary principles that are developed for the purpose of conserving marine
biodiversity. Thus, regarding this researcher has been describing all the associated challenges
that usually arise at the time of conserving marine species.
The development of the precautionary principle
This principle was propounded through Rio Declaration on Environment and
development in the year 1992. It defines different action policy that suspects the risk that can
cause harm to public, environment and in the lack of consensus at a scientific level. Policy
makers are responsible to use such principles for the purpose of justifying unrestricted decisions
which have the scope of causing harm in some form. Further, it been observed that these form of
error occur in the even not much scientific information is available on the subject. This principle
has created a social responsibility in order to secure people from different harms and risks. Along
with that, appropriate protection can be taken suitably that also emerges for protecting the public
and natural species. Certain jurisdiction including the European Union has made it a statutory
requirement to be applied in certain areas of law.
However, on the other hand the international conduct of this principle was propounded in
the year 1982, pursuant to World Charter for Nature and adopted by the United Nations General
5

Assembly; nonetheless the year 1987 marked the undertaking of international implementation
for the first time, through the Montreal Protocol. Afterwards, integration of this principle
happened with other international treaties, which were binding in nature like the Rio Declaration
and Kyoto Protocol. However, on the other hand, in economic terms, the effect of Precautionary
Principle can be assessed on the basis of interaction between irreversibility and uncertainty, as
well as the rational decision making in respect to such an interaction. Thus, it can be said that the
Precautionary Principle regulates the manner in which people begin react to the concern of
sustainable development especially in the context of environment.
Further, it also urges a willingness to take action on the ground of society which also
generates the need for future development. Application of this Principle with an approach which
is cost effective in nature and leads to social and economic aspects. Under this several policies
are being developed to reduce the threat of future climate changes which further leads to a major
shift in behaviour related to travel as well as energy use. The 1992 Rio Declaration on
Environment and Development contends that existence of threats to cause damage of such a
nature which is irreversible, in such circumstances scientific ascertainments could not form to be
the basis to postpone measures preventing environmental degradation, and cost effective in
nature. Whereas, Wingspread Statement on Precautionary Principle (which is developed by
group of scientists, lawyers, officials and activists), precautionary action includes 4 major parts
such as:
 It is the duty of people to take anticipatory action to reduce the possible opportunities of
harm and risks.
 The burden derived from attribute of harmless technological advancement, process
activity or use of components, which are chemical in nature, lies within its exponents;
and not within public.
 It also states that prior using a new technology, chemical or a process, people (who have
obligation) needs to examine all the alternatives that are present in the procedural values.
 Decisions that are being applied to the precautionary principle needs to be inclusive of
being informed, democratic and open to include parties which are affected by the issue.
Most of the legal perspective states that environmental policy incorporates precautionary
principle which imposes regulatory measures on the basis of least of the potentials to generate
harm to environment. Precautionary measures are usually taken at the time when cause and
6

effect relation has not been established to its fullest. However, on the other hand it also includes
precautionary measures which is a part of a new technology or activity, and has the burden of
proof to illustrate the thing existing with no risk.
Challenges in implementing the precautionary principle
At the time of implementing the precautionary principle, it is crucial for the ruling bodies
to consider all the associated challenges as well. It is predicted that this Principle shall stop
developing or innovating since the liability to prove is imposed on product and services before
entering into market. Thus, along with this, it can be stated that this Principle is based on
emotion and it is irrational as well which goes towards environmental activities and which do not
focuses on chemical aspects. Since, it uses a toxic substance; therefore it could include any such
principle that emphasizes on precautionary principle2. While applying precautionary measures, it
is required to consider if Precautionary measures deals with all the hazards for which the
environment degrades on higher extent.
The adoption of the Principle in Masstricht Treaty of EU needs to be referenced in
numerous international environmental treaties. Further, it could also be included in the Cartagena
Protocol on Biosafety as the operative provisions. However, at the same time, adoption of
precautionary principle shall further increase the possibility of risks faced by human health as
well as environment protection, as then the focus shall be on risks related to technological
advancement; however at the same time it can also ignore the risks which new technologies
could prevent or alleviate.
General implications of the precautionary principle
Precautionary principle has several implications on research study as that could assist the
researcher in identifying the areas that are less emphasized on environmental facets and which do
not give much consideration towards sustainable development3. In terms of implication for the
2 ‘Problems with The Precautionary Principle’ (2010)
<http://paralyzingprecautionprinciple.com/problems-with-the-precautionary-principle.html>
accessed on 1st March 2017.
3 René von Schomberg, ‘The precautionary principle and its normative challenges (2006)
<http://www.roboethics.org/icra2007/contributions/VON%20SCHOMBERG%20Precautionary
%20Principle.pdf> accessed on 1st March 2017.
7

researcher, it can be said that this can assist in enhancing the knowledge about biodiversity and
marine conservation and accordingly, diverse actions can be taken suitably. Thus, it is clear that
the study would be more interesting and helpful in comprehending the areas that are associated
with sustainable development. Biodiversity management is required to undertake several actions
and plans that can change the conservation aspects of the environment.
Another implication could be observed in the area of natural development wherein
several actions can be taken for the purpose of enhancing the value of environment and
ecological balance. Moreover, this could also enhance legal implications in which environment
department has to establish a number of legal rules and procedures that increases the value of
environment and sustainable development. In addition, it can also be said to be essential in terms
of enhancement in value of ecosystem and environmental balance. Legal policies and framework
could also be enhanced at the same time in which several regulations will be required to adhere
to meet the changing laws of sustainable development.
8

CHAPTER 1
PRECAUTION IN BIODIVERSITY- RELATED LAW AND POLICY
Multi-lateral agreements (CBD, UNCLOS and MARPOL)
Multi- lateral agreements are binding agreement among countries and sometimes it also
builds agreement between regional groups of countries (especially among European Union).
Countries as well as regions who are the member of the international agreements are known as
“parties”. In connection to the same, Convention on Biological Diversity agreement can be
applied which came into force in the year 1994; however it became agreed in the year 1992.
Currently, it has more than 190 parties. The Convention on Biological Diversity primarily aims
to conservation of biological diversity and also to ensure sustainable utilization of the
components so that distribution of benefits can be undertaken in fair as well as equitable manner.
This is also essential for usage of genetic resources in optimum manner. There are basically two
major articles that are included for biotechnology and biosafety and that needs to be adhered.
Article 8 is about “In situ conservation of biodiversity”
The article contains an obligation which develops and maintains National Biosafety
Systems and this is also useful in establishing risks that are associated with living modified
organisms. Further, it is also analysed that the article seems to manage and regulate the risks
which arises in the form of release of living organism from biotechnology. This has a likely
impact on environmental aspects which has the capacity to influence the process of conservation
as well as sustainability in biological diversity. This also considers risks that are concerned with
human health and that changes the ways through which harm and environmental risks could be
reduced.
Article 19 is about “Handling biotechnology and distribution of its benefits”
It is stated that each of the contracting parties needs to take proper measures to participate
in activities related to biotechnological research undertaken by contractual parties which are
developed by developing countries. This also provides genetic resources to undertake the stated
research which are executable according to parties. Further, it is also mentioned that each of the
contracting party should adopt measures for promotion of priority access on an equitable basis in
accordance to parties. This is especially developed by emerging countries so as to benefit
biotechnologies that are based upon genetic resources.
9

The article also instructs the concerned parties to acknowledge the requirement of
protocol setting that appropriately includes advanced informed agreement in the field of safe
transfer. This is also useful in handling any living organism through biotechnology, which may
eventually have a detrimental impact on conserving and sustainably using of biological diversity.
In the year 1995, The Contractual Parties decided that such a protocol needs to be adhered; hence
during that time negotiations started in the year 1996. Afterwards, five years of negotiation, the
Cartagena Protocol on Biosafety was accepted, which further came into effect from 2003.
International regulations Rio Declaration 1992, Agenda 21
It can be stated that the conference of United Nation on Environment and Development
which was conducted in 1992, is considered as one of the most effective meeting which has been
ever took place in the history of mankind. The meeting was proposed and carried out with an
objective that elements such as social; development, economic and environment should not be
treated as separately. Along with this, the meeting was also carried out with a purpose to talk
about various issues such as changes in global climate, increasing rate of deforestation,
challenges in terms of managing the biological diversity etc. In simpler terms, International
regulations Rio Declaration 1992, Agenda 21 can be termed as the action plan or strategy which
has been developed by United Nations with an objective to promote and carry out more
sustainable development. Here, the number 21 in agenda 21 is used for or denotes 21st century.
It is an action plan which has been adopted by different organizations and United Nations
for carrying out more sustainable development and protecting the environment in the best
possible manner. Trade was considered as the major component or as a medium of carrying out
the promotion of sustainable development in the world. Along with this, the objective of these
International regulations Rio Declaration 1992, Agenda 21 was also of making the trade and
environment supportive for each other. It was observed that all the economic activities and
practices related to trade were affecting environment in negative terms. Thus, the agenda 21 was
developed in order to ensure and encourage economic policies which are integrated with the
concept of sustainable development.
In simpler terms, sustainable development can be termed as an approach or process which
promotes economical development along with security of environment and people living in the
society. Furthermore, the approach lays emphasis on the fact that no country should carry out
economic development by providing harm to environment or people living in society. Here,
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global partnership within countries was promoted in order to accelerate sustainable development
and deal with other issues related to climate change. International regulations Rio Declaration
1992, Agenda 21 can be termed as the product which has been derived from the Earth Summit.
However, it can be critically argued that International regulations Rio Declaration 1992,
Agenda 21 was also affirmed and several modifications has been carried out in the same. The
modifications or changes were carried out generally in the meetings of UN which were done
after the Rio declarations. Apart from this, Agenda 21 was also focused in combating from issues
such as poverty at international as well as national platform. The UN and other member
organizations developed effective strategies for providing people within potential opportunity to
earn a sustainable livelihood. In addition to this, Agenda 21 also laid emphasis on eliminating the
unsustainable patterns which are being used within process of producing and consuming
different goods as well as services.
Jakarta Mandate on Marine and Coastal Biological Diversity (1995)
It recognized the fact that biological diversity is formulated on the basis of different
variety of genes, ecosystems and species (which are most valuable resources at global level) that
also aids in sustaining and welfare of all humankind. In this respect, it can be said that the
Mandate is a global agreement which emphasizes on the vitality of marine as well as coastal
biological diversity4. It is also regarded as a part of the Ministerial Statement at the COP meeting
in Jakarta in the year 1995. This happened during effectuation of Convention of Biological
Diversity. The COP summit in Bratislava in 1998 also adopted the work programme. The
promotion and coordination undertaken by Secretariat of the Convention led to emergence of the
following principles:
4
‘The United Nations Agreement for the Implementation of the Provisions of the United Nations
Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and
Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (in force as
from 11 December 2001) Overview’ (2016)
<http://www.un.org/depts/los/convention_agreements/convention_overview_fish_stocks.
htm> accessed on 1st March 2017.
11

 The ecosystem approach
 The precautionary principle
 The importance of science
 Proper utilization under roaster of experts
 Suitable engagement of local as well as indigenous communities
 Proper involvement of all the three regional levels (national, regional and global level)
for the purpose of implementing programme.
The emphasis on environment of coastal as well as marine region was laid in an
assessment of Global Biodiversity, which is also accredited by UNEP (that is financed by Global
Environment facility) and is conferred in a COP meeting held in Jakarta in 1995. The minister's
reaffirmation of critical requirement for COP to acknowledge the requirement of conservation
and further, sustainable use of biological diversity, both at marine and coastal level. This also
develops need for parties to commence instant actions for implementation of decisions adopted
on the issue. It also has integration with management of marine and coastal area, that changes the
scenario of marine biodiversity wherein different species live together5.
Several additions are also there regarding protected areas of Marine and coastal regions
along with Alien species and genotypes. In addition to this, an element was also determined to
encompass the role of secretariat which collaborates the effective use of experts. Thus, it can be
said that Jakarta Mandate states the value of marine and coastal biological diversity which forms
new possible areas of the sea6. This also aids in reflecting the diversity of life in this blue planet.
Further, it also demonstrates that there is still scope for learning additional information in respect
5 Duncan E. J. Currie L. L. B, ‘Governance Principles Relevant to Marine Biodiversity in
Areas Beyond National Jurisdiction Submission to the Chair’ (2016)
<http://www.un.org/depts/los/biodiversity/prepcom_files/greenpeace.pdf> accessed on 1st
March 2017.
6
Patrício, J., Little, S., Mazik, K., Papadopoulou, K. N., Smith, C. J., Teixeira, H. & Kaboglu, G,
‘European Marine Biodiversity Monitoring Networks: strengths, weaknesses,
opportunities and threats’ (2016) Frontiers in Marine Science, 3, pp. 161.
12

to ocean as well as the life existing within it. Currently, it shows an estimation of around 1.7
million species among which a few are still unknown.
Domestic regulations
In the past various new obligations have been adopted by international conventions which
shows the need for management activities that regulates uses of the oceans. This includes legal
interventions like UN Agreement on Straddling and Highly Migratory Fish Sticks and FAQ
Code of Conduct for Responsible Fisheries. In respect to the same, international commitments,
national statutes and policies have been installed to incorporate considerations in relation to
ecosystem within the regime of management of national ocean.7. This has also stated about the
convention in relation to conserving as well as managing fish stocks, which are migratory in
nature and commonly found in Pacific Ocean. WCPT Convention primarily aims to ensure long
term and efficient conservation as well as sustainable use of these fish stocks as stated in
accordance to UNCLOS and UNFSA.
Regarding this, it is also crucial to emphasize on convention on conservation of nature in
the south pacific which has an aim of conservation, utilization and development of natural
resources found in South Pacific region. This is done by carefully planning and managing
benefits in relation to present and future generations. Along with this, several other policies are
also established as a legal regulation for managing coastal and marine waters along with the
Jurisdictional aspects.
Fisheries-The UN Fish Stocks Agreement 1995
Fish Stocks Agreement of 1995 can be considered as a landmark step for evolution of the
applicable legal framework which emphasizes on conservation of stocks for a long duration of
time, along with an optimum use of straddling of migratory fish stocks. However, on the other
7
Borja, A., Elliott, M., Andersen, J. H., Berg, T., Carstensen, J., Halpern, B. S. & Rodriguez-
Ezpeleta, N, ‘Overview of integrative assessment of marine systems: the ecosystem approach in
practice’ (2016) Frontiers in Marine Science, 3, pp. 20.
13

hand, additional efforts are required for effective implementation of the consensus. This already
has a significant influence on governance of fisheries at the time when it is entered into force in
the year 20018. Further, this Agreement is dependent on United Nations Convention of law of
sea, 1982 . This also caters to issues of managing high sea fisheries, as ascertained in Agenda 21
of the 1992 United Nations Conference on Environment and Development.
Agency 21 highlights issues in relation to unregulated fishing, excessive fleet size, over
capitalization, unreliable database and lack of sufficient cooperation among customers. This is
also a matter of concern for the States and thus a need to cooperate for addressing the
inadequacies existing in fishing practices has been highlighted9.
The stated agreement aims at achievement of the ascertained objectives through provision
of an effective framework of cooperation which assists in conserving and managing the
resources. However, on the other hand, another critical concerns in the aspect of managing
fishing in the high seas is that of enforcement which is yet another issue that is believed by many
countries and which also involves the state sovereignty. Thus, it typically aims to ensure that
fishing fleets of RFMO, are in compliance with the requirement of conservation and
management measures which are being accepted. While balancing conservation and economics
in relation to fisheries, industry is also required to achieve an equilibrium.
Thus, corporates engaged in fishing possess expensive vessels, which are in accordance
to the precautionary principle as they have the tendency to strive a long term betterment and is
also relied on management rights. Along with this, NAFO has undertaken steps to close around
8
‘Fish Stocks Agreement: Overview of what the Agreement says and its impact’ (2010)
<http://www.un.org/depts/los/convention_agreements/reviewconf/FishStocks_EN_B.pd>
accessed on 1st March 2017.
9
Making the Fish Stocks Agreement Work (2010)
<http://www.un.org/depts/los/convention_agreements/reviewconf/FishStocks_EN_F.pdf
> accessed on 8th March 2017.
14

18 areas which are inclusive of seamounts as well as coral sponge accumulations to make a down
turn of the fishing industry in the north- West region of Atlantic areas. Moreover, specific
protocols have been imposed on fishing vessels for reporting incidents in relation coral and
sponges. Apart from this, various interim measures have also been adopted by SPRFMO which
operates to protect underwater ecosystems which is vulnerable and exists in the South Pacific.
Biosafety-Cartagena Protocol 2000
The Cartagena Protocol on Biosafety to the Convention on Biological Diversity is a
global agreement, established with the purpose of ensuring safe handling, transportation and
efficient usage of living modified organisms. This also results from modern biotechnology which
could have harmful impact on biological diversity10. This also takes into consideration risks that
are related to human health. It also establishes the requirement of new products being compliant
with precautionary principle. Further, it shall also permit developing nations to strike a balance
between public health and economic benefits. For instance- it is also favours allowance of
nations to impose ban on imports of genetically modified organisms at the time when no
sufficient scientific evidence is available to prove security of the product. Another condition
which has been imposed is in relation to labelling of exports of genetically altered products such
as corn or cotton.
However, on the other hand, one of the outcomes of the United Nations Conference on
Environment and Development held in Rio de Janeiro is on sustainable development. Protection
of environment has been connected with precautionary principles; thus this shall be made
applicable by all the nations in accordance to their capabilities. The major elements of this
approach are several protocols that contains provisions related to environment development 11.
10
The Cartagena Protocol on Biosafety (2017) <https://bch.cbd.int/protocol/> accessed on 8th
March 2017.
11
CARTAGENA PROTOCOL ON BIOSAFETY TO THE CONVENTION ON BIOLOGICAL
DIVERSITY (2000) <https://www.cbd.int/doc/legal/cartagena-protocol-en.pdf/>
accessed on 8th March 2017.
15

There includes an article as well which indicates that the objective of the protocol should be
according to the precautionary approach that contains in Principle 15 of the Rio Declaration on
Environment and Development. The regulatory body of Protocol is also known in the name of
conference of parties to the convention that serves in the form of meeting of parties to Protocol.
Thus, it can be said that this body primarily functions to review execution of Protocol and
undertake decisions appropriately in accordance to effective measures.
General application of the precautionary principle in cases
The Beef- Hormone case
The Beef Hormone Dispute can be considered as one of the agricultural controversies
which is highly intractable in nature ands is also called as a Beef war that happened over the mad
cow disease issue. This has also created disorder as the two wars collided in time. Thus, in the
year 1989, the European Union restricted import of meat, containing artificial beef with growth
hormones. Initially, it covered 6 hormones, which then exceeded in 2003 wherein other
provisions were also added. As per the rules of WTO, there is permit on such ban; but only in the
case where a valid scientific evidence is established and presented to support the ban imposed on
the basis of health and safety measure12.
In this area, it has been determined by the Appellate Body that a WTO member is entitled
to choose the extent to which health protection measures shall be adopted. It is also not duty-
bound to ascertain risk in a quantities form for undertaking measures. The dispute in relation to
Hormones was initiated in pursuant to an import ban imposed by EC, restricting meat and related
product importation extracted from animals being treated with growth- promoting hormones. The
SPS Agreement decided this dispute. Thus, SPS clearly states rights in relation to protection of
humans, animals or plant life which are based on scientific principles.
12
The Hormone case: Background and history (2000)
<http://trade.ec.europa.eu/doclib/docs/2003/november/tradoc_114718.pdf> accessed on
8th March 2017.
16

The Nuclear test case
The Nuclear Test Case was presented before ICJ in 1995 and along with that, a few other
cases were also submitted related to precautionary principle. These cases significantly depict the
manner of adoption of precautionary principle within international society. In the case New
Zealand claimed that the precautionary principle is widely accepted as an operative principle of
international law13. This also has several effects on situations that may possibly provide threat the
environment. This has also enhanced the burden wherein it is essential to prove that the conduct
will not lead to development of such threat.
However, France alleged in defence that precautionary principle cannot be considered as
certain within international law and the liability to prove shall vary at least in environment law.
The case includes several elements such as procedure that is envisaged by the court wherein it
also mentions the capability of an applicant to request examination of facts in accordance to the
provisions of the statue. Whereas, the other element is concerned about the question which
reflects if the basis of that judgement has been affected14. Thus, in this respect the court found
out that satisfaction of the first element means adoption of a special procedure. On the other hand
no other case was affecting the judgment which was concerned about nuclear atmospheric
testing.
Therefore, in this respect the court decided that New Zealand’s demand does not include
any of the provision under paragraph 63; hence it must consequently be dismissed. In that case,
not many substantial arguments were referred which lied between the parties who expressed their
13
Pons, P. and Rost, J, ‘The challenge of conserving biodiversity in harvested burned
forests’ (2017) Conservation Biology 31(1) pp.226-228.
14
Russell, J. C. and Blackburn, T. M, ‘The rise of invasive species denialism’ (2017) Trends in
Ecology & Evolution 32(1) pp.3-6.
17

dissent on application of the precautionary principle15. It was also pointed that the principle
functions to safeguard environment since it relates with difficulties in connection to evidences.
However, it is also acquiring increasing support as a part of the international law of the
environment. The principle was also concerned with the customary international law that is
related to the environment especially to nuclear tests which have the capability to cause
irreversible damage to humans as well as the surrounding environment.
The Southern Blufin Tuna Cases
In the case, the dispute happened between applicants from Australia and New Zealand
on one side which is concerned regarding the preservation of population of SBT. Moreover, this
species could be witnessed over- fished and is much lower to commonly accepted thresholds for
bibliography safe parental biomass. As per the analysis, the tribunal held that the conditions of
LOS Convention were complied by Australia and New Zealand applicants16. In this case, the
norm of prima facie jurisdiction is also applied; however on the other hand the issue of
automatic exception of coastal states was not raised by the Tribunal. As per the precautionary
principle, it was agreed that the most important of the principles are reflected in Rio declaration.
The principle finds its roots in earlier attempts for the purpose of addressing
environmental issues in global agreements that are provided for the preventive principle. As per
the interpretation of the principle, it can be stated that the states have been unable to understand
15
Piaggio, A. J., Segelbacher, G., Seddon, P.J., Alphey, L., Bennett, E. L., Carlson, R. H.,
Friedman, R. M., Kanavy, D., Phelan, R., Redford, K. H. and Rosales, M, ‘Is It Time for
Synthetic Biodiversity Conservation?’ (2017) Trends in ecology & evolution 32(2) pp.97-107.
16
Simon Marr, “The Southern Bluefin Tuna Cases: the precautionary approach and conservation
and management of fish resources” (2000) <http://www.ejil.org/pdfs/11/4/555.pdf>
accessed on 8th March 2017.
18

the true meaning of precautionary 17. At the time of application in the context of marine
environment the primary distinction between hard principle against soft approach became
apparent. Soon it was developed from pollution control; device into a fisheries management tool.
CASE FOR MARINE BIODIVERSITY
Comprehending marine biodiversity is highly essential for various aspects as its life as its
own value. Marine biodiversity is important because of the following aspects which are
discussed as under: Adaptation: With the help of biodiversity, environment can adopt to changing conditions.
Because of human, there is an increase in the pace of declining and consequently making
a big challenge for marine environment to adopt the same to manage future aspects. The
changes have been encouraged on the basis of pollution, fishing and alteration of the
global climate18. Looking towards the present scenario, it can be said that in absence of
genetic diversity, occurrence of natural selection is not possible. Adaption is also
impossible if natural selection is limited. Thus in this respect it can be said that
preservation of biodiversity and genetic diversity is essential so as to change the
environment rapidly. Food: Fishes and algae are considered as accountable since it provides food from the
oceans. In this respect, finfish and shellfish are the most prominent origin of animal
17
Guerrero, A. M. and Wilson, K. A, ‘Using a social–ecological framework to inform the
implementation of conservation plans’ (2017) Conservation Biology 31(2) pp.290-301.
18
Hunter, M. L., Acuña, V., Bauer, D. M., Bell, K. P., Calhoun, A. J., Felipe-Lucia, M. R.,
Fitzsimons, J. A., González, E., Kinnison, M., Lindenmayer, D. and Lundquist, C. J,
‘Conserving small natural features with large ecological roles: a synthetic overview’ (2017)
Biological Conservation.
19

protein particularly for developing countries19. However, there are a few fish in the world
that are utilized for commercial purposes; hence oceans are considered as the source of
utilized resources. From commercial point of view, seaweeds are also very much
important especially in East Asia. Conserving biodiversity of these groups is vital
because later on it can permit the usage of resources in the future. Therefore, it can be
said that a diverse ocean can assist in removing current and future commercial fishing
pressures. Climate: Global climate is controlled by ecosystems and the biochemical cycling if gases
is primarily regulated by living biota that exists on the earth of which is important from
marine development view point. Like as- marine plants and animals assist in reducing
carbon dioxide within ocean (when phytoplankton remove it) and it also remove it from
the surface waters at the time of releasing oxygen20. Thus, at the time when
phytoplankton die, they sink and add to the super saturation of carbon dioxide in the deep
sea. This develops vertical gradient of Co2 in the ocean which is also known as biological
pump. Raw materials: Natural medicines are continued to be found from the diversity exisiting
on the planet. Though, most of the medicines develop from sessile land plants through
chemical means21. However, from marine contexts, biochemical diversity turns from the
19
Hebblewhite, M, ‘Billion dollar boreal woodland caribou and the biodiversity impacts of the
global oil and gas industry’ (2017) Biological Conservation 206 pp.102-111.
20
Mori, A. S., Lertzman, K. P. and Gustafsson, L, ‘Biodiversity and ecosystem services in forest
ecosystems: a research agenda for applied forest ecology’ (2017) Journal of Applied Ecology
54(1) pp.12-27.
21
20

high phyletic diversity which exist in the water22. From such organisms, chemicals for
pharmaceuticals can be acquired which utilize this substance for defence. At the same
time, materials used for building can be attained hrough coral rock and sand which must
be attained in sustainable ways.
 Knowledge: Preservation of biodiversity is crucial so that to enhance the degree of
knowledge. In the present scenario, a number of marine ecosystems have been discovered
and the major example can be observed in the area of Hydrothermal vents which were
found after the expedition on the Alvin submersible. According to the recent marine
ecosystem discoveries, it detects a number of new species23. However, at the same time,
the dearth of knowledge on marine microbes is large because it presents molecular
techniques that aids in comprehending the nature of science. It also defines that microbes
are extremely vital in the biogeochemical cycling of many nutrients and they are also
responsible for recycling of organic matter in the sea24.
Kukkala, A. S. and Moilanen, A’ ‘Ecosystem services and connectivity in spatial conservation
prioritization’ (2017) Landscape Ecology 32(1) pp.5-14.
22
Kok, M. T., Kok, K., Peterson, G. D., Hill, R., Agard, J. and Carpenter, S. R, ‘Biodiversity and
ecosystem services require IPBES to take novel approach to scenarios’ (2017) Sustainability
Science 12(1) pp.177-181.
23
Lewis, R. J., Bello, F., Bennett, J. A., Fibich, P., Finerty, G. E., Götzenberger, L., Hiiesalu, I.,
Kasari, L., Lepš, J., Májeková, M. and Mudrák, O’ ‘Applying the dark diversity concept to
nature conservation’ (2017) Conservation Biology 31(1) pp.40-47.
24
Landis, D. A, ‘Designing agricultural landscapes for biodiversity-based ecosystem
services’ (2017) Basic and Applied Ecology 18 pp.1-12.
21

CHAPTER 2
THE APPLICATION OF THE PRECAUTIONARY PRINCIPLE IN THE CONSERVATION
AND SUSTAINABLE USE OF MARINE BIODIVERSITY
Fishery management
There exists a direct relationship among sustainable development of fisheries and he
concerned precautionary management. It was agreed by the 94th Session of FAO Council in
1988, that sustainable development is the management as well as conservation of the natural
resource base25. This has also led to the positioning of technological as well as institutional
changes in a specific manner which ensures attaining and continuing satisfaction of demands of
humans in relation to present and future generations. The strategies are also required to attain
sustainability of high degree in the use of natural renewable resources by the humans, moreover
which are not even easy to believe and utilize.
There is also an increased demand for improving the conventional fishery management
and that needs to be attached to an increasing concern for enhancing the management of
environmental issues. This has been developed in consequence to of World Conference on
Human Environment and Fishery Development and Management. It also states that the present
condition of fisheries is because of poorly controlled management by the concerned authorities.
Thus, it is also identified that in natural ecosystem, the abundance of preys and predators and
their variations are controlled and maintained within the compatible limits of ecosystem
sustainability26.
25
Garcia, S. M., Rice, J. and Charles, A, ‘Bridging fisheries management and biodiversity
conservation norms: potential and challenges of balancing harvest in ecosystem-based
frameworks’ (2016) ICES Journal of Marine Science: Journal du Conseil, 73(6), pp.1659-1667.
26
Garcia, S.M, “THE PRECAUTIONARY APPROACH TO FISHERIES AND ITS
IMPLICATIONS FOR FISHERY RESEARCH, TECHNOLOGY AND
22

Thus, in this respect it can be said that the concept of precautionary principle aims to
improve preservation of environment and the available resources through reduction in risk of
damaging them. Further, it also promotion and achieving an equitable balance within short
duration is also intended, regarding present environmental degradation and overfishing27. Thus, it
can be said that this can be referred for public actions as well as policies and this also includes
two core principle such as it strengthens the need of environmental protection which further also
intents to encourage hindrance in proportion to the potential risks28. However, the other one is
concerned about the obliteration of risks. Henceforth, it is clear that the application of this
principle within the fishing sector came into existence in response to the view of the condition in
relation to resources and lack of effectivity which warrant the sustainability of the
exploitations29.
MANAGEMENT: AND UPDATED REVIEW” (2017)
<http://www.fao.org/docrep/003/W1238E/W1238E01.htm> accessed on 8th March 2017.
27
Fernando González-Laxe, “The precautionary principle in fisheries management” (2005)
<http://www.sciencedirect.com/science/article/pii/S0308597X04000995> accessed on 8th
March 2017.
28
Jay, S., Klenke, T. and Janßen, H, ‘Consensus and variance in the ecosystem approach
to marine spatial planning: German perspectives and multi-actor implications’ (2016) Land Use
Policy, 54, pp.129-138.
29
Tropical marine fisheries and the future of coral reefs: A brief review with emphasis on
Southeast Asia (1997)
<https://www.researchgate.net/publication/227304323_Tropical_marine_fisheries_and_t
he_future_of_coral_reefs_A_brief_review_with_emphasis_on_Southeast_Asia> accessed
on 8th March 2017.
23

Tropical reefs
Coral reefs can be characterized as biologically rich ecosystem on earth which helps in
providing foods, job opportunities, money and security to many people across the globe.
However, proper actions are required to be taken else coral reefs and the magnificent creatures
could arise danger at the time when it appears30. They could threatened through an accretive
range of influences in the form of pollution, diseases and it could also alter global climate. At the
same time, it is also observed that the rapid involvement of these aspects could decline the loss
of ancient valuable ecosystem which have significant social, economic and environment
consequences all over the world. For instance President of the US enforced the Coral Reef Task
Force in 1998 with the intention of protecting and conserving coral reefs31.
The CRTF is under obligation to undertake tasks of mapping and monitoring the coral
reefs of US, which further assists in research in relation to causes of coral reef degradation. This
also includes pollution and over fishing and besides this, it also finds solutions to these problems.
Further, it also promotes conservation to suitable use of coral reefs. NOAA (National Oceanic
and Atmospheric Administration) acts as the principle member of CRTF; thus it has the
responsibility to conserve coral reef ecosystems. All the attempts are being carried out through
the Coral reef Conservation Program which operates with scientific, government and non-
governmental organization to achieve the goals of the CRTF. National Oceanic and Atmospheric
30
Protecting coral reefs (2016)
<http://oceanservice.noaa.gov/education/tutorial_corals/coral11_protecting.html> accessed on 8th
March 2017.
31
Domínguez-Tejo, E., Metternicht, G., Johnston, E. and Hedge, L, ‘Marine Spatial
Planning advancing the Ecosystem-Based Approach to coastal zone management: A review
(2015) Marine Policy, 72, pp.115-130.
24

Administration also uses high resolution satellite imagery and Global Positioning Satellite
technologies which has helped in making digital maps of reefs in Puerto Rico32.
It also uses satellite technology so as to detect harmful algal blooms which has the
capability to smother reefs and apart from this, it also works in monitoring elevated sea surface
temperature which further can cause coral bleaching. National Oceanic and Atmospheric
Administration works as a protective measure through which biodiversity can be managed and
sustained33. It also aids in monitoring reefs using the Coral Reefs Early Warning System which
consists of buoys that is deployed at reef sites that measures air temperature, wind speed and
direction, barometric pressure, sea temperature and tide levels. However, in addition to the above
monitoring process, it also assist in conducting research, assessment and restoration projects of
coral reefs in marine reserves and among deep- sea coral blanks.
Furthermore, it is also ascertained that National Oceanic and Atmospheric Administration
works to remove tons of marine debris from the North-western Hawaiian Islands and restore
damaged reefs. As per the discussion, it can be said that monitoring, research as well as
restorations are imperative in terms of safeguarding coral reefs. However, for ultimate
protection, legal mechanisms are also required to be followed. In terms of legal aspects, it
involves the establishment of marine protected areas because it have added force of law
(protected marine enclosure). This is a major part of coral reef system which could also enhance
the chances of survival of ecosystem.
32
Cooney, Rosie, “The Precautionary Principle in Biodiversity Conservation and Natural
Resource Management” (2004)
<http://www.sehn.org/pdf/PrecautionaryPrincipleissuespaper.pdf> accessed on 8th March 2017.
33
Cavanagh, R. D., Broszeit, S., Pilling, G. M., Grant, S. M., Murphy, E. J. and Austen, M.
C, ‘Valuing biodiversity and ecosystem services: a useful way to manage and conserve marine
resources (2016) In Proc. R. Soc. B (Vol. 283, No. 1844, p. 20161635). The Royal Society.
25

Marine reserves
Marine protected areas adverts the regions in which activities undertaken by humans
cause reduction in population in a direct or indirect manner through habitat alteration. This
eliminates risks on greater extent. This spatial explicit approach aids in managing influences of
humans that has many potential ecological and socio-economic benefits34. This can increase
problems that are vital to accepted management practices; hence it could benefit the conventional
practices. Precautionary principles have been developed for the purpose of conservation and
management as it includes patterns in relation to haphazard design, execution, enforcement and
judgment. This often produces equivocal and contradict evidence for both ecological and
evaluation aspects.
For instance – absence of full scientific certainty about marine species are threatened
with extinction and this is also at greater risk which is related to marine ecosystem. In this
respect, the ruling bodies have established creation of marine protected areas which is one of the
instruments that works to safeguard the integrity of ecosystem and of marine biodiversity. While,
on the other hand it also aids to protect and restore threatened marine species through the
application of precautionary principle35. This also works as a management strategy which
protects the value of marine life. Complementing an ecosystem’s protection through
precautionary principle could threatened species which are also protected by numerous other
strategies. Apparently, threatened species covers three categories for extinct and threatened
species wherein marine species are at greater risk.
34
Marine protected areas: challenges and opportunities for understanding and conserving
coastal marine ecosystems (2000)
<http://research.pbsci.ucsc.edu/eeb/rclab/wp-content/uploads/2012/01/Carr-Environmental-
Conservation-2000.pdf> accessed on 8th March 2017.
35
Marine Protected Areas (2015) <http://www.ospar.org/work-areas/bdc/marine-protected-
areas> accessed on 8th March 2017.
26

Application of Precautionary principle in this area of concern as a process to implement
MPAs and this also protects threatened species that assesses the risks that are implicit in
managing those areas and species. This also involves analysing several factors which creates and
manages other areas. It also creates emphasizes on several conventional management practices;
thus it could supplant other practices36. There are many challenges for the managers to be
followed along with conservation scientists and economists. One of the major challenges that
manager faces is to foster agreement among the stakeholders regarding the proposed system of
MPA. This has also prepared national action plans for species conservation and recovery. Along
with this, specific policies are also being formulated to protect and recover species and the
licensing of potentially or effectively pollution activities.
Therefore, it can be said that precautionary principle application to biodiversity
conservation and marine natural resources acts as one of the fundamental tools in direction of
sustainable development. This also provides guidance for governance and management at the
time of responding to risks and uncertainties. Thus, it can be said that along with federal
government and high courts, such regulation have been developed under precautionary principle
for conserving marine reserves. Relying on the accepting nature of this population and
communities of coastal marine species, dispersal of reproductive propagules is vital to
implement under marine protection which also assist in enhancing the value of ecosystem37.
Apart from this, there are many species that have limited dispersal potential. Thus, it is clear that
36
Haslett, J. R., Garcia-Llorente, M., Harrison, P. A., Li, S. and Berry, P. M, ‘Offshore
renewable energy and nature conservation: the case of marine tidal turbines in Northern Ireland
(2016) Biodiversity and Conservation, pp.1-20.
37
Monica Patricia Martinez Alfaro, “Do we need Marine Protected Areas on the High
Seas? Analysis of the legal implications of the establishment of Protected Areas on the High
Seas” (2013) <http://skemman.is/stream/get/1946/16398/38363/1/monica_martinez-ritger
%C3%B0.pdf> accessed on 8th March 2017.
27

many species have restricted potential to disperse which also states that local population of
species with great dispersion can be to some extent self- replenishing..
Marine coastal protected areas
From general point of view, marine protected areas are known for those areas wherein
protective and restorative precautionary measures have been instituted so as to protect and
conserve species that exist in the ecosystem, habitats, ecosystems and ecological procedure of
the marine environment38. In this context, OSPAR Ministers have agreed upon this so as
encourage the development of a network that protects marine areas and this also follows a time
scale which leads to preparatory work. This is typically established so as to develop an
ecologically coherent network of MPAs in the North-East Atlantic which is also appropriately
managed by OSPAR network. This has been established for the purpose of protecting,
conserving and restoring species, habitats and ecological processes which can experience issues
related to human activities.
This also aids in preventing degradation and harm of types of species, habits and
ecological processes through considering precautionary principle39. This also protects and
conserves areas that represents various habitats that present in the environment especially in the
maritime areas. The progress has been made by Constricting Parties which also identifies, selects
and establishes MPAs as major mechanisms of the OSPAR network40. This has been included in
the latest progress report on the network which also includes a framework that describes the
network. There are several legislation developed by the governmental bodies which also aims to
38 Hopkins, C. R., Bailey, D. M. and Potts, T, ‘Scotland's Marine Protected Area network:
Reviewing progress towards achieving commitments for marine conservation’ (2016) Marine
Policy, 71, pp.44-53.
39 Ma, D., Fang, Q. and Guan, S, ‘Current legal regime for environmental impact assessment in
areas beyond national jurisdiction and its future approaches (2016) Environmental Impact
Assessment Review, 56, pp.23-30.
40 Laikre, L., Lundmark, C., Jansson, E., Wennerström, L., Edman, M. and Sandström, A, ‘Lack
of recognition of genetic biodiversity: International policy and its implementation in Baltic Sea
marine protected areas (2106) Ambio 45(6), pp.661-680.
28

follow Precautionary Principle and this is usually observed in the global legal framework in the
mid-1980s41. It also states that the principle is useful in providing directions about the execution
of international environment where there also exist a scientific uncertainty. At the same time, it
is also reflected in the Principle 15 of the Rio Declaration which at the same time also represents
several threats that can even pose harmful impacts on the environment. Thus, this can be used as
a factor that postpones the effective measures which are vital in terms of safeguarding the
environment from several harmful facets.
The standards are also useful in suggesting that proper actions needs to be taken in
scientific evidence so that it could significantly protect environmental damage42. In this domain,
the precautionary approach has been applied as this relies on the relation which includes the
prospective ways that aids in protecting the environment from different aspects. Thus, it also
states that prior implementing any plans, proof of harmful effects should be considered. This also
established the fact precautionary principle are usually adopted for the purpose of enhancing the
economic prospects. Further, it could also be said that for the purpose of achieving sustainable
development, there must be suitable regulation of policies that emphasizes on regulation of
precautionary principle; however at the same time environmental measures must also be adopted
in the same realm so that hazardous activities can be safeguarded in the best possible manner43.
In this line, OSPAR Convention also shows a direct link between safeguarding and
precaution. Thus, it is clear that preventive measures are required to be adopted so that
environment can be protected from diverse grounds. This exists even at the time where there do
41 Lieberknecht, L. M. and Jones, P. J, ‘From stormy seas to the doldrums: The challenges of
navigating towards an ecologically coherent marine protected area network through England's
Marine Conservation Zone process’ (2016) Marine Policy, 71, pp.275-284.
42 GUIDELINES FOR THE MANAGEMENT OF MARINE PROTECTED AREAS IN THE
OSPAR MARITIME AREA (2003) <http://jncc.defra.gov.uk/PDF/03-18e_MPA
%20management%20guidance.pdf> accessed on 8th March 2017.
43 Gjerde, K. M. and et.al, ‘Protecting Earth's last conservation frontier: scientific, management
and legal priorities for MPAs beyond national boundaries Aquatic Conservation (2016) Marine
and Freshwater Ecosystems 26(S2), pp.45-60.
29

not have any sort of aspect concerned with causal relationship among inputs and the impacts44.
This also needs to be executed by the 1992 Baltic Sea Convention that establishes diverse
variables and which also requires preventive measures. This also includes a reason which
assumes that it might harm and cause the environment. Nevertheless, there is also a need to set
criteria which identifies threshold that includes scientific evidence that exists regarding
environmental challenge, seriousness of the impacts of such factors. It also has an integration
with The Fish Stocks Agreement that is required to be applied under precautionary approach to
fishing and to safeguard of association ecosystems and species. In this context, it could be said
that a precautionary approach to fishing should be implicitly applied which entails to set out the
details mentioned under Agreement 199545.
National sanctuaries
Environment protection and national sanctuaries is essential to be protected and to do so,
the government has established several acts and legal requirements which also provides
protection for enhancing the quality of the environment. At the same time, Government has
introduced the Protection of the Environment Administration Act 1991 have been developed for
the purpose of enhancing the aspects of sustainable development which is an important aspect of
the eco-system46. In this context, it can be said that the precautionary principle is essential since
it assist in the accomplishing development in the environmental facets. It is also ascertained that
if threats are present which can damage the environment, then it can affect the entire
environmental values. This also depicts that there is exists a scientific certainty which plays
crucial role on adopting new measures to safeguard the degradation of environmental aspects.
44 Key Principles in Designating Marine Protected Areas and Marine Reserves (2013)
<http://www.asoc.org/storage/documents/cc-xxxii-bg-16.pdf> accessed on 8th March 2017.
45 Brooks, C. M. and et.al, ‘Science-based management in decline in the Southern Ocean’
(2016) Science 354(6309), pp.185-187.
46 Martin, C. L., Momtaz, S., Jordan, A. and Moltschaniwskyj, N. A, ‘Exploring recreational
fishers' perceptions, attitudes, and support towards a multiple-use marine protected area six
years after implementation’ (2016) Marine Policy, 73, pp.138-145.
30

Although, EPA is in practice and it is also concerned primarily with challenges that are
associated with pollution in disposing of water47. Therefore, it does not have broad powers to
involve in the regulatory policy that is being perused by other organizations and agencies in
environmental contexts. It is also mentioned in the Protection of the Environment Administration
Act, that organizations can provide specific directions to public bodies and private councils (that
work in this sphere) so that they can perform several actions as per the powers they have. This
will also aid in contributing in protecting the environment and at the same time it can also
diminish all such activities that can hamper the value of environmental facets. Therefore, it is
also analysed that environment protection includes activities related to protection, restoring and
maintaining ecological sustainable development48. This also gives the information about EPA
which needs some bargaining power and negotiation as well with those resources and
environmental agencies with which it could become more involved.
Talking about the practices, it can be said that although the EPA has become increasingly
active in the field of biodiversity conservation by its engagement in protecting in stream flows
and licensing, it has so far shown no state of inclination to become involved in issues of
biodiversity conservation on privately owned land. For instance- in Leatch v National Parks and
Wildlife service 81 LGERA 270 Stein J made it clear that failure to incorporate the principle
specifically into legislation was not the end of the matter49. In this case, precautionary principle
47 Thomas, C. and Hughes, V, ‘South Australia’s experience: establishing a network of nineteen
marine parks (2016) Big, Bold and Blue: Lessons from Australia's Marine Protected Areas,
p.139.
Clarke, B., Thurstan, R. and Yates, K, ‘Stakeholder perceptions of a coastal marine protected
area’ (2016) Journal of Coastal Research 75(sp1), pp.622-626.
48 Poulos, D. E., Gallen, C., Davis, T., Booth, D.J. and Harasti, D, ‘Distribution and spatial
modelling of a soft coral habitat in the Port Stephens–Great Lakes Marine Park: implications
for management’ (2016) Marine and Freshwater Research 67(2), pp.256-265.
49 Hughes, T. P., Cameron, D. S., Chin, A., Connolly, S. R., Day, J. C., Jones, G. P., McCook,
L., McGinnity, P., Mumby, P. J., Pears, R. J. and Pressey, R. L, ‘A critique of claims for
negative impacts of Marine Protected Areas on fisheries’ (2016) Ecological Applications 26(2),
pp.637-641.
31

under legislation was not applied according to principles that are essential in ecological
sustainable development, however it was flexible enough to accommodate with it. The case has
also involved a third party appeal for the purpose of granting licensing so that endangered
species can be restricted which usually destroys the habitat present in the eco-system.
The precautionary principle seems to provide framework regarding legal management
that considers the impact of uncertainty. It is also responsible in providing guidance about the
actions that can pose serious risks to the environment or health aspects of the human. This
depicts that there is lack of scientific certainty which usually denotes harm. At the same time, the
principle also showcases a formalized procedure that delays action in until harm becomes certain
and at the same time, it will often means delaying. In this context, it can be said that
precautionary becomes accurate at the time when threats are present to the environment and
where specific policy formation are not there while changing the environment facets. However,
on the other hand a few formulations provide more guidance which also comprises of several
aspects that changes the value of precautionary. Along with this, science based risk assessment
can also be considered as vital because it is an important aspect that is used in the area of
precaution50.
The requirement of precaution develops at the time when there exist several threats that
can impact the environment; however, it is also observed that this aspect of precautionary
principle does not hold that much importance. It is also confined to irreparable damage, wherein
there exist no provision for protection and it just specifies the requisite that lacks scientific
certainty. Therefore, this should not be considered as a dimension that brings obligations which
are also cost effective in nature.
Marine Parks
The Environment Protection and Biodiversity Conservation Act 1999 is useful in
providing for the proclamation and management of commonwealth reserves. This further also
proclaims under the EPBC Act which include commonwealth terrestrial reserves such as national
50 Punde, S. P., Laws, R. J., Bohensky, E. L., Skewes, T. D., Bustamante, R. H. and Hockings,
M, ‘Opportunities for modelling tools to support management decision-making in Australian
Marine Parks’ (2017) Australian Journal of Maritime & Ocean Affairs, pp.1-13.
32

parks, botanic reserves and nature reserves. Statutory rights are also defined as entitled authority
that aids in managing and controlling the functions of commonwealth reserves under the EPBC
Act. The practices typically include the safeguarding and management of biodiversity aspects in
protecting the commonwealth reserves. This has also declared provisions for commonwealth
marine reserves which works in the area of sea and which is also governed by Governor- General
of Australia. The authority is responsible in speaking about the area from the seaward boundary
of State and Northern Territory coastal waters to the exterior of the Exclusive Economic Zone
200 nautical miles which is also far from the territorial sea baseline.
However, the areas that comes outside Australia have several legal aspects which protects
the international agreement and which also gives several guidelines about the protection of
marine parks. In addition to this, the EPBC Act also contains a procedural value that needs to be
adhered before declaring the intervention of a commonwealth reserve. This procedure also
focuses on determining the notice that invites public authorities on the proposal and afterwards it
declares a commonwealth reserve51. Thus, along with this, diverse stages are also includes which
needs to be considered if reserve needs to be satisfied under the established guidelines. It is also
essential for the entities to include proclamation declaration which considers name of the reserve,
purpose regarding its declaration, depth of the seabed under any sea that exists there in the
reserve and assigning the reserve to an IUCN category52.
This announcement is essential in terms of segregating a reserve into different zones and
at the same time it should also assign IUCN category to each zone. IUCN categories usually
ensures appropriateness in specifying the protective aspects of diverse areas. For instance- the
Australian Government has also emphasized on the World Conservation Union’s on international
basis which has also recognized set of protected area management categories53. In this respect,
commonwealth marine protected areas include reserves which are concerned with IUCN
51 Habtemariam, B. T. and Fang, Q, ‘Zoning for a multiple-use marine protected area using
spatial multi-criteria analysis: The case of the Sheik Seid Marine National Park in Eritrea’
(2016) Marine Policy 63 pp.135-143.
52 Islam, G. M. N., Tai, S. Y., Kusairi, M. N., Ahmad, S., Aswani, F. M. N., Senan, M. K. A. M.
and Ahmad, A, ‘Community perspectives of governance for effective management of marine
protected areas in Malaysia (2017) Ocean & Coastal Management 135, pp.34-42.
33

category. Besides this, there are various commonwealth marine reserves general administrative
principles which needs to be followed so that conservation aspects can be managed
appropriately. This also needs to have community participation so that it can provide broader
extent in the context of participation from community, public organizations and private interests
in formulating and conducting all the function of the reserve or zone54.
This also includes the provision of effective and adaptive management which are related
to the aim defined under biodiversity and also with the socio economic facets that specifies the
reserve zone. This should be appropriate to include so as to ensure a capacity to respond to risk
and transformations. Apart from this, different management plans are being prepared in the
context of providing protection to the reserve55. Furthermore, management needs to be consistent
with all the relevant reserve management principles and at the same time it also limits several
activities that are performed in a commonwealth reserve unless they are specified by the
management plan which focuses on protecting the reserves by the Director of National Parks56.
53 Wilson, B, ‘The Western Australian marine conservation reserves system (2017) Big, Bold
and Blue: Lessons from Australia's Marine Protected Areas p.117.
54 Charles, A., Westlund, L., Bartley, D. M., Fletcher, W. J., Garcia, S., Govan, H. and Sanders,
J, ‘Fishing livelihoods as key to marine protected areas: insights from the World Parks
Congress’ (2016). Aquatic Conservation: Marine and Freshwater Ecosystems 26(S2), pp.165-
184.
55 Dudley, N. and Hockings, M, ‘Marine Protected Area Governance and Effectiveness Across
Networks (2017) Management of Marine Protected Areas: A Network Perspective, p.69.
56 Morf, A., Sandström, A. and Jagers, S. C, ‘Balancing sustainability in two pioneering marine
national parks in Scandinavia’ (2017) Ocean & Coastal Management 139, pp.51-63.
34

CHAPTER 3
CHALLENGES IN IMPLEMENTING THE PRECAUTIONARY PRINCIPLE IN THE
CONSERVATION AND SUSTAINABLE USE OF MARINE BIODIVERSITY
Translating principles into practice
In the last three decades, there has been sufficient growth in the volume and importance
of environmental law and policy57. This has brought many significant improvements at the time
of managing the environmental which also generates important question regarding the ways
through which public and private institutions could manage scientific uncertainty at the time of
undertaking decision regarding the practices which impacts the environment on diverse grounds.
In this respect, it can be said that the precautionary principle is greatly adopted by several bodies
that aids in generating the solution and this collection is also crucial in terms of exploring its
potential. Overall level of environmental degradation is increasing; thus considering the same
Environmental related laws have been developed. Considering the same, it can be said that some
of the damage is not surprising58.
Cause- effect relationship have been clear; however at the same time political, economic
and social trade- offs have allowed the damaging actions to occur since it keeps on changing. In
a few cases, there has been scientific uncertainty regarding the outcomes of the actions; but it
also generates a reasonable possibility that results in damaging the environment. However, in
other situations, negative outcomes have been a surprise as the activities have been thought to be
safe and secure59. The exhaustion that happens in the stratospheric ozone layer through emissions
of chlorofluorocarbons is one of the examples of such thing. Thus, it should be made clear
57 Bavinck, M, ‘The continued degradation of marine ecosystems, along with the ecosystem
services they provide, suggest that new, innovative approaches are needed to scale up marine
biodiversity protection and promote sustainable fishery practices. We synthesize information
from Chile on the key processes involved in the development of alternative strategies for scaling
up marine biodiversity conservation and discuss (2015) Maritime Studies 14(1) pp.1-13.
58 Garcia, S. M., Rice, J. and Charles, A, ‘Bridging fisheries management and biodiversity
conservation norms: potential and challenges of balancing harvest in ecosystem-based
frameworks’ (2016) ICES Journal of Marine Science: Journal du Conseil, 73(6) pp.1659-1667.
35

immediately that the precautionary principle is greatly integrated with the second of these
examples wherein situations shows scientific uncertainty which is also recognized in regard to
the environmental outcomes of our activity.
Therefore, it is essential to find out the requirement to deal with scientific uncertainty that
has been a recurring theme in environmental law and policy. Recognition of increasing
environmental degradation by the early 1970s have generated the need of critical decision
making process and tools that aids to expect harm from human activities60. Thus, according to
that, appropriate measures needs to be taken for the purpose of migrating or preventing damage.
Thus, as per the analysis, precautionary principle can be considered as an approach that has
always been taken to some extent for the purpose of protecting environmental dimensions.
Therefore, it is also identified that a number of themes have been developed in social science,
philosophy and law which together have led to the precautionary principle. This can be regarded
as a logical conclusion which brings numerous development which occurs both on practical and
philosophical levels especially in western culture61.
Henceforth, it includes the failure of environmental management approaches such as the
assimilative capacity approach and risk assessment to stop environmental degradation. This also
gives acceptance of the concept of intergenerational equity; thus legal concerns are increasing
over the problems with the burden of proof in environmental matters62. At the same time, it also
59 Ban, N. C. and et. Al, ‘Systematic conservation planning: a better recipe for managing the
high seas for biodiversity conservation and sustainable use’ (2014) Conservation Letters 7(1)
pp.41-54.
60 Goulletquer, P., Gros, P., Boeuf, G. and Weber, J, ‘Drivers of Changes in Biodiversity and its
Uses’ (2014) In Biodiversity in the Marine Environment (pp. 113-128) Springer Netherlands.
61 Leenhardt, P., Cazalet, B., Salvat, B., Claudet, J. and Feral, F, ‘The rise of large-scale marine
protected areas: Conservation or geopolitics? (2013) Ocean & coastal management 85 pp.112-
118.
62 Lundquist, C. J., Bulmer, R. H., Clark, M. R., Hillman, J. R., Nelson, W. A., Norrie, C. R.,
Rowden, A. A., Tracey, D. M. and Hewitt, J. E, ‘Challenges for the conservation of marine
small natural features’ (2017) Biological Conservation.
36

increases awareness of the complexity of environmental issues; hence this has emerged the
concept of new sciences which includes Chaos theory and which also brings many questions
related to the practices that are based on simple models of preventing the environment.
At the time of implementing precautionary principle into practice, several issues arise
such as execution of policy into practice. Since, it includes several stages; therefore it is crucial
to consider all the principal facets. Such framework is also useful in providing aid so as to
implement the rules mentioned in the precautionary principle which also aids in conserving
biodiversity and natural resource management63. These guidelines are being formulated because
it crucially focuses on forestry, fisheries and protected areas. Incorporating the precautionary
principle explicitly should be there on appropriate level so that policy framework could be
changed accordingly. This could also result in conservation of natural resource management.
Thus, it can be said that application of the principle needs to have a legal policy which has
adequate control through the organized system of governance64.
At the same time, it has also led to the development of resource institutions that aids in
carrying out several research regarding challenges and issues that is concerned with decision
making aspects about the protection of natural resource management. Furthermore, there must a
concise and particular aspect that defines measures that deals in operational values and this must
be clearly implemented so as to reach towards specific outcomes65. Thus, in terms of stating
about the effects of conservation, it needs to translate the policy formation with operational
measures so that the issues related to conservation problems can be ascertained and it also
63 Asner, G. P., Martin, R. E., Knapp, D. E., Tupayachi, R., Anderson, C. B., Sinca, F., Vaughn,
N. R. and Llactayo, W, ‘Airborne laser-guided imaging spectroscopy to map forest trait
diversity and guide conservation’ (2017) Science 355(6323) pp.385-389.
64 Bruford, M. W., Davies, N., Dulloo, M. E., Faith, D. P. and Walters, M, ‘Monitoring
Changes in Genetic Diversity’ (2017) In The GEO Handbook on Biodiversity Observation
Networks (pp. 107-128). Springer International Publishing.
65 Sarhan, M, ‘Marine Biodiversity Conservation: Principles and Challenges for Managing
Human Impacts’ (2014)
37

identifies practices that needs to be adopted in specific areas. Therefore, the implementation is
also necessary as there is a need for flexibility and it also requires particular decision aspects that
are regarded with policy measures. The support it provides also changes as per the time
according to transformed circumstances66.
For the purpose of safeguarding the environmental values, the precautionary principle is
essential to be implemented as per the capabilities of the states. The situations that are hazardous
for the environment should not allow the use of scientific certainty as it postpone cost as this is
an effective way to minimize the possible issues related to environment deprivation. Further,
precautionary situations are generally risk associated wherein casual chain (that moves from
hazards to final impacts) shows some uncertain effects because of the presence of casual
relationship that can neither be established nor rejected. Without the incorporation of these
principles in law or policy, it may have little influence on practice67. However, at the same time,
there is also a need for flexibility in applied principles that requires specific decision and
management policy measures in the same domain as it results in supporting for conservation
purposes.
From the underlying challenges, it can be said that the threats that are included in
conservation and protection aspects have a huge impact on several and changeable activities and
decisive aspects. Therefore, all such reasons and hazardous elements are required to be addressed
suitably as it requires efforts that are made to determine the known and unknown facts. This also
states that the level of knowledge can be improvised; therefore there must be several aspects that
66 Vellend, M., Baeten, L., Becker-Scarpitta, A., Boucher-Lalonde, V., McCune, J. L., Messier,
J., Myers-Smith, I. H. and Sax, D. F, ‘Plant biodiversity change across scales during the
Anthropocene’ (2017) Annual Review of Plant Biology 68(1).
67 Morán‐Ordóñez, A., Whitehead, A. L., Luck, G. W., Cook, G. D., Maggini, R., Fitzsimons, J.
A. and Wintle, B. A, ‘Analysis of Trade
‐Offs Between Biodiversity, Carbon Farming and
Agricultural Development in Northern Australia Reveals the Benefits of Strategic Planning’
(2017) Conservation Letters 10(1) pp.94-104.
38

can ignore the areas of uncertainty. At the same time, it also brings several challenges that could
lead to conserve the resources by detecting and analysing the level of threats 68.
Further, the frameworks is also required to analyse diverse alternatives so that the best
practical solution can be ascertained which can also work in minimizing and reducing the level
of threats. Therefore, at the same time, in this respect it can be said that significances and
challenges that are developed from such courses are required to be accessed as such threats may
have short term or long term effects. Proper roles and responsibilities are also required to be
allocated so that it can aid in managing all the activities that are related to conservation of
environment and biodiversity. However, if such thing includes diverse additional groups that
conducts their responsibilities and investment aspects that are highly powerful in terms of
financial and technical aspects69.
However, in some of the circumstances, there are various alternatives present which will
also develop different challenges related to environmental conservation and in that case, the
direction for accessing threats should be included. At the same time, when several decisions are
made to deal with the uncertain condition, it imperatively requires to be apparent and to respond
to the uncertainty so that the work of precautionary principle can be carried out in suitable way70.
Along with this, it is also crucial to ensure that transparency is being maintained and that it can
provide a concise dimension that includes monitoring and feedback collection in decision
making procedure. In this aspect, a reasonable balance is required to be struck out among the
measures developed in precautionary conservative ways and this also have integration with
68 Warner, R. M, ‘Conserving marine biodiversity in areas beyond national jurisdiction: co-
evolution and interaction with the law of the sea’ (2014) Frontiers in Marine Science 1 p.6.
69 Rees, S., Fletcher, S., Glegg, G., Marshall, C., Rodwell, L., Jefferson, R., Campbell, M.,
Langmead, O., Ashley, M., Bloomfield, H. and Brutto, D, ‘Priority questions to shape the
marine and coastal policy research agenda in the United Kingdom’ (2013) Marine Policy 38
pp.531-537.
70 Thom, D., Rammer, W., Dirnböck, T., Müller, J., Kobler, J., Katzensteiner, K., Helm, N. and
Seidl, R, ‘The impacts of climate change and disturbance on spatio
‐temporal trajectories of
biodiversity in a temperate forest landscape’ (2017) Journal of Applied Ecology 54(1) pp.28-38.
39

several other aspects that brings varied threats while implementing it. Thus, it highly needs to
consider the level of uncertainty especially at the time of dealing with precautionary principle71.
The process of implementing precautionary principle is relevant in all the variants of
scientific uncertainty that appears to have caused confusion and is on ongoing source of debate.
Thus, in this case, a precautionary approach can be regarded as highly useful component and
process of ecosystem whose impacts and consequences may develop other issues. This also
generates other risks and challenges if not implemented properly and this also occurs at the time
when precautionary principle is applied. Henceforth, precaution and risk management are not
important until the risk factors are identified in the situations that warranty proper execution of
the precautionary principle. However, it also needs to include all the situations that can be
thought of as imposing potential risks. In terms of generalized aspects, implementation of
precautionary principle requires safeguarding environmental facets so that species in the
ecosystem can be managed suitably72.
However, on the other hand in several domains, application of precautionary principle
seems to be an unusual concept that requires proper strategic implementation. While, on the
other hand, several ways of precaution could also be executed as an important dimension that
aids in conserving the biodiversity and along with that, challenges also arise while executing
principles that requires consideration for a wide range of issues73. Thus, the development of the
71 Di Minin, E., Soutullo, A., Bartesaghi, L., Rios, M., Szephegyi, M.N. and Moilanen, A,
‘Integrating biodiversity, ecosystem services and socio-economic data to identify priority areas
and landowners for conservation actions at the national scale’ (2017) Biological Conservation
206 pp.56-64.
72 Parada, C., Frusher, S., Bustamante, R.H., Di Lorenzo, E., Bernal, P., Cryer, M., Dunn, A.,
Garreaud, R., Gutiérrez, M., Jennings, S. and Montecinos, A, ‘South Pacific Integrated
Ecosystem Studies meeting: toward conservation and sustainable use of marine resources in the
South Pacific (2016) Fisheries Oceanography 25(S1) pp.1-4.
73 Santos, C.F., Domingos, T., Ferreira, M.A., Orbach, M. and Andrade, F, ‘How sustainable is
sustainable marine spatial planning? Part II–The Portuguese experience (2014) Marine
Policy 49 pp.48-58.
40

principle could affect other strategic aspects if they are not managed suitably. For example- there
are varied development aspects that lies in precautionary principle is included and also shows
lesser impacts on the execution procedure of precautionary principle which is an important
aspect that changes the execution procedure.
Extent and nature of uncertainty
It is identified that the operative measures are used for the purpose of executing
precautionary principle which also depicts its impacts and this definitely changes as per the
requirements of the environmental facets. This is greatly associated with the risk aspects through
which it develops and the capacity of interest risks that prevails in management practices and
approaches. Therefore, it can be said that up to a greater level, the generation of precautionary
principle has led to development of several issues which are uncertain; however they are related
to the philosophy of the management. Furthermore, it also make use of several values which are
essential to safeguard the environment and eco-system. These attributes have also changed the
ways through which value of environment is depicted74. Contrary to this, there are a number of
aspects that are concerned with biodiversity and that emerge from this paradigm which
sometimes also brings various consequences.
The term uncertainty is apparently unpredictable and that aids in preservation and
resource management aspects. The categories of uncertainty can be split into two types which
also vary from each other. One is related to data omission which also changes the value of
conservation and protection. It can be connected with varied values such as improper availability
of investigation and measurement biases. This kind of uncertainty at least in precautionary
principle can be solved through various investigation and research processes75. The second
uncertainty is related to the inherent aspect lies in the system which is also ascertained. Thus, the
74 Scovazzi, T, ‘Negotiating conservation and sustainable use of marine biological diversity in
areas beyond national jurisdiction: prospects and challenges. The Italian Yearbook of
International Law Online’ (2015) 24(1) pp.61-93.
75 Vaissière, A. C., Levrel, H. and Scemama, P, ‘Biodiversity offsetting: Clearing up
misunderstandings between conservation and economics to take further action’
(2017) Biological Conservation 206 pp.258-262.
41

attributes of the system includes its complexities, scale, dynamics and other things that aids in
comprehending or predicting the outcomes that are impossible or highly unreliable.
In the area of biodiversity, uncertainty has several dimensions that changes the value of
environmental concern. Therefore, changes in the disturbances is poorly understood with the
help of such principle. Therefore, it can be said that association in ecologies (specifically the
most bio diverse) consists of numerous differentiating species which are interlinked with each
other for developing the level of interaction and this is also associated with those values that
enhances nutritional values, temperature aspects and hydrological systems. At the same time they
also show how the ecosystem is related to varied dimensions of the environment (which usually
keeps on changing)76. This also involves experimentation which comprises of those variables that
cannot be developed possibly. While at the same time, it also changes the level of uncertainty
that is explored in biodiversity and conservation of natural resource management which is being
evaluated by the fact that it is known that how many species exist.
Thus, it can be said that the pre-determined aspects of natural resource management is
featured by the fact of ecology and is also cannot be identified while focusing on scientific
approaches. For instance – when the species present in the ecology are clearly identified,
decisions related to the management of ecosystem needs to consider social, political and cultural
values77. Thus, it can be contended that in this scenario within which the precautionary principle
is evolved with the human behaviour is consequently adopted on regulation78. Thus, control of
emissions generally leads to predictive reductions and that has also brought quitting the
76 Pereira, H. M., Belnap, J., Böhm, M., Brummitt, N., Garcia-Moreno, J., Gregory, R., Martin,
L., Peng, C., Proença, V., Schmeller, D. and van Swaay, C, ‘Monitoring Essential Biodiversity
Variables at the Species Level’ (2017) In The GEO Handbook on Biodiversity Observation
Networks (pp. 79-105). Springer International Publishing.
77 Garcia, S.M., Rice, J. and Charles, A, ‘Governance of marine fisheries and biodiversity
conservation: A history’ (2014) Governance of Marine Fisheries and Biodiversity Conservation:
Interaction and Co-evolution Wiley-Blackwell pp.3-17.
78 Qiu, W. and Jones, P. J, ‘The emerging policy landscape for marine spatial planning in
Europe’ (2013) Marine Policy 39 pp.182-190.
42

hazardous chemical values which is included in the production of the several conservative
dimensions. However, most of the biodiversity conservation consists direct association among
natural values of the ecosystem and the associated factors.
This also impact the decision regarding decrease in the fishery which also bans the use of
toxic material for wildlife products and that depends on biological attributes of the species of
system; alongside it also includes human responses to it79. Therefore, it can be said that fisheries
may develop the restrictive facets; however this can also affect the trade aspects present in the
wildlife; but it may also adhere to various routes. Thus, it can also be said that it includes illegal
aspects which also creates issues in regulating it. In this respect, managing the decision making
aspects can also include not merely information concerned with science; but also it could include
consideration of diverse environmental factors that changes the protection facets80. With a certain
level, it depicts that the association placed among precautionary principle and conservation
action is not clarified and it may be regarded as essential in terms of developing precautionary
aspects. This also develops scope among various aspects of precautionary principle and other
dimensions that lies under this. This needs to be executed with the variables that are essential for
principle implementation. Therefore, it can be articulated that there exists differences among
threats under precautionary principle and conservation of biodiversity in the realm of natural
resource development and it can also be applied to industrial applications81.
This has been an important question which is occurred in the domain of implementing
precautionary principle and which states that appeal of precautionary principle in domestic law
and policy formation has various effects on actual conservation results. For example- it is also
79 Sardà, F., Coll, M., Heymans, J.J. and Stergiou, K.I, ‘Overlooked impacts and challenges of
the new European discard ban’ (2015) Fish and Fisheries 16(1) pp.175-180.
80 Freestone, D., Johnson, D., Ardron, J., Morrison, K.K. and Unger, S, ‘Can existing
institutions protect biodiversity in areas beyond national jurisdiction? Experiences from two on-
going processes’ (2014) Marine Policy 49 pp.167-175.
81 Green, S.J., Demes, K., Arbeider, M., Palen, W.J., Salomon, A.K., Sisk, T.D., Webster, M.
and Ryan, M.E, ‘Oil sands and the marine environment: current knowledge and future challenges
(2016) Frontiers in Ecology and the Environment.
43

observed that afterwards several years of precaution which was executed as an important
requirement under Australian environment law. Further, it seems to have a few impacts on
practical aspects of precautionary principle82. The development of the principle facets is also
getting impacted if such legal flaws are initiated. At the time when the obligation is developed it
shows greater impact on decision making aspects which includes all such provisions that are
essential to reach towards a specific outcome. Whereas, in few of the activities, precautionary
principle can be regarded as a mandatory procedure than to practical requirement. Therefore, it is
also required to depict that while implementing precautionary principle, it is essential to take
specific decision about the policy formation.
This also defines the operative measures that is vital to be executed while focusing on
precautionary principle and the impacts which it gives also keeps on changing according to
diverse environmental facets83. This is also depending on the nature and source of risks which
has different capacities of interest groups. At the same time, it also prevails challenges while
implementing different activities and policies. However, up to a larger extent, the precautionary
principle has been shown in integration with several risks and challenges which includes marine
pollution and that is also against the prevailing management paradigm. At the same time, it also
comprises different set of key interests that are made for the purpose of protecting environmental
facets. These attributes are also useful in terms of showcasing the understanding of implementing
of precautionary principle. Nonetheless, various significant aspects in respect of biodiversity and
NRM sectors which also deviate from this philosophy along and brings several imperative
consequences84.
82 Pons, P. and Rost, J, ‘The challenge of conserving biodiversity in harvested burned
forests’ (2017) Conservation Biology 31(1) pp.226-228.
83 Russell, J. C. and Blackburn, T. M, ‘The rise of invasive species denialism’ (2017) Trends in
Ecology & Evolution 32(1) pp.3-6.
84 Piaggio, A. J., Segelbacher, G., Seddon, P.J., Alphey, L., Bennett, E. L., Carlson, R. H.,
Friedman, R. M., Kanavy, D., Phelan, R., Redford, K. H. and Rosales, M, ‘Is It Time for
Synthetic Biodiversity Conservation?’ (2017) Trends in ecology & evolution 32(2) pp.97-107.
44

However, along with this, it is also observed that most biodiversity and conservation
scenario comprises of concise interaction among natural ecosystem and factors present in the
external environment. This includes an example as well such as the impact of a decision whether
on fishery or ban on wildlife product which changes the biological characteristics of the system.
This also states that fisheries may also enhance the level of restrictions and trade in wildlife will
not reduce: however it could adhere to several aspects that may be regarded as illegal and
insufficient which is also difficult to regulate85. Thus, managing things regarding decision
making can develop several scientific facets which may also show integration with
environmental factors. Therefore, to a greater level, it emphasizes on the developed edge among
precautionary and preventive related to conservation of biodiversity and it does not depict any
specific aspect. Therefore, it can be said that most of the conservation and NRM measures can be
called as important variables which reflects the requirements of precautionary action which also
leaves scope that develops the ways through which precautionary principles can be applied. At
the same time, it applies measures which needs to be implemented in different courses of policy
development.
Nature of threat to biodiversity and living natural resources
According to the analysis, there has been a considerable difference between threats in
precautionary regulation and management in the biodiversity. It is also ascertained that the
precautionary principle is developed for the purpose of handling the contemporary aspects that is
established through focusing on changing legal processes which usually shows the outcomes of
technical values such as industrial chemicals, hormone treated livestock and nanotechnology86.
Thus, in this context it is analysed that in the protection of biodiversity and living natural
resources, challenges are present which can also be observed by new devices and practices. This
85 Guerrero, A. M. and Wilson, K. A, ‘Using a social–ecological framework to inform the
implementation of conservation plans’ (2017) Conservation Biology 31(2) pp.290-301.
86 Hunter, M. L., Acuña, V., Bauer, D. M., Bell, K. P., Calhoun, A. J., Felipe-Lucia, M. R.,
Fitzsimons, J. A., González, E., Kinnison, M., Lindenmayer, D. and Lundquist, C. J,
‘Conserving small natural features with large ecological roles: a synthetic overview’ (2017)
Biological Conservation.
45

is truly a possible risk to biodiversity that is being posted by those organisms that are genetically
appeared. At the same time, challenges are also emerged which are being developed by
introduction of alien species that particularly leads to climatic changes. This can also be
observed as a new dimension in the realm of contemporary values.
However, at the same time while ascertaining the challenges developed by habitat loss
and degradation of natural resources that can also impact the biological facets of the
environment. This also explains that there exist no new scientific aspects and processes. At the
same time, there is no specific mystery which is concerned with casual links that is also
associated to a newly developed variable concerned with technology. Still, the consequences of
this difference is not clear yet. This also does not depict anything regarding the ways through
which scientific risk assessment and stakeholder consultation can be carried out. This is usually
adopted for the executing precautionary principle. This can be stated to generalised sorts of
threats. It also includes the provision of multiple risks which includes the conceptual framework
of precautionary principle. Thus, improper implementation of principles could also lead to risks
and challenges that may further impact the conservation of biodiversity. This also generates the
decisions to be taken among challenges and precautions87.
Nonetheless, at the same time, decision makers that works in conservation of NRM
should come up with numerous strategies so that the risks and challenges can be minimized. This
also contends that if prevention can be made through harvesting coral reefs, then they may
explode the reef for cement88. At the same time, if harvesting is prohibited from medicinal plants
and wild foods, then people may dislike such contradictions and can also ask for transformation
in the conservation areas. Therefore, it is clearly said that management of eco-system for
developing the value of species can generate economic aspects and it can also lead to underpin
87 Kok, M. T., Kok, K., Peterson, G. D., Hill, R., Agard, J. and Carpenter, S. R, ‘Biodiversity
and ecosystem services require IPBES to take novel approach to scenarios’ (2017) Sustainability
Science 12(1) pp.177-181.
88 Mori, A. S., Lertzman, K. P. and Gustafsson, L, ‘Biodiversity and ecosystem services in forest
ecosystems: a research agenda for applied forest ecology’ (2017) Journal of Applied Ecology
54(1) pp.12-27.
46

the agriculture sector. However, it may also lead to alternations regarding detrimental effects to
other species. Hence, risks and challenges may also arise because of diverse sources and this
may also change due to time variations which requires the application of precautionary principle.
It also includes values and objectives in decision making which clearly depicts that
implementation of precautionary principle involves value judgement and the concept of trade-
offs among diverse competing objectives. In NRM and conservation, different norms and aspects
created challenges and risks which also shows that there exists greater diversity within the
constituency and that leads to safeguarding the environment. A few are associated with the
obligations of the individual animals which depicts the problems of the species after changing
the procedure of policy formation. Whereas, some also focus on enhancing the value of
ecosystem services, maintenance of other services and balancing species and ecosystem. These
may also emphasize on several aspects that reduces the implication of ecosystem to perform the
same aspects. This happens because of the broad environmental community. Therefore, in
various decision making contexts, interest of other groups can be protected to raise the
involvement89.
Thus, it can be said that execution of precautionary principle also addresses specific
objectives that are essential in terms of precautionary aspects and that also includes standards
which are highly suitable in terms of developing interaction among competing groups who have
different values, objectives and specifications. Similarly, the negative distributional consequence
of precautionary management and policy in the biodiversity and NRM and this may also have a
detrimental impact on poor facets rather than powerful. In current scenario, various analysis
concerns the precautionary principle that also proponents the threat causing activities90. This also
depicts powerful interests that stands to profit by such activities. In this respect, the
precautionary principle has been applied for the purpose of preventing the public or the
89 Lewis, R. J., Bello, F., Bennett, J. A., Fibich, P., Finerty, G. E., Götzenberger, L., Hiiesalu, I.,
Kasari, L., Lepš, J., Májeková, M. and Mudrák, O’ ‘Applying the dark diversity concept to
nature conservation’ (2017) Conservation Biology 31(1) pp.40-47.
90 Landis, D. A, ‘Designing agricultural landscapes for biodiversity-based ecosystem services’
(2017) Basic and Applied Ecology 18 pp.1-12.
47

environment. This also comprises the burden that are established by the application of
precautionary principle and at the same time it also leads to several restrictions that lies on
import, emissions or other activities which deals with the same.
Thus, it can be said that precautionary restrictions on use of wild resource can impact
most serious aspects on underdeveloped countries among poor people and this can equitably
consider specific aspects which are important from conservation point of view. From overview
about precautionary principle, it is being analysed that in the realm of biological resource
management; there are several principles that may not be directly opposed to such groups whose
actions can develop further threats from environmental grounds. In this respect, it has also been
analysed that there exists several differences among fisheries and pollution and the principles are
typically developed for the purpose of surviving capturing fisheries. Therefore, in the area of
industrial applications, there exists several groups that threaten the environment and also damage
beneficial aspects. On the contrary, under such situations, it is essential to consider how to utilize
manage and administer trade biological resources such as wildlife, forest products and fisheries
which have a specific impact on eco-system and conservative facets91. Typically, such groups are
useful in terms of enhancing the value of sustainable management.
Therefore, it enhances the concern regarding precaution which is required to be
implemented through community level resource and wildlife management. It is also an
anticipated aspect which showcases that traditional and indigenous natural resource management
does not exist on wider extent and this may also comprise the requirement of precautionary
elements. Thereafter, this also raises concern towards implementing precaution in biodiversity
conservation and NRM that specifically includes the use of management policy and tools92. It is
also ascertained that the precautionary principle is highly executed into practical terms because it
91 Asner, G. P., Martin, R. E., Knapp, D. E., Tupayachi, R., Anderson, C. B., Sinca, F., Vaughn,
N. R. and Llactayo, W, ‘Airborne laser-guided imaging spectroscopy to map forest trait
diversity and guide conservation’ (2017) Science 355(6323) pp.385-389.
92 Bruford, M. W., Davies, N., Dulloo, M. E., Faith, D. P. and Walters, M, ‘Monitoring
Changes in Genetic Diversity’ (2017) In The GEO Handbook on Biodiversity Observation
Networks (pp. 107-128). Springer International Publishing.
48

has the nature of reversing the evidentiary burden. However, it requires establishment of an
assumption wherein most of the activities are not required to be included because of the harmful
elements it contains. At the same time, evidentiary burden may then also be implied on the
exponent of the practice which also depict that it is not hazardous. For example – national forest
regulations may also need specific consideration to get concession for forestry and this also
safeguards the impact on biodiversity.
Thus also states that there is a need of strong version of precautionary which may also
require definite evidence that the practice will not lead to any cause or any sort of impact prior it
is allowed to be proceeded. For instance – under the Revised Management Procedure,
development is required under the International Whaling Commission which also depicts the risk
of overexploitation. This is also enumerated and can be determined on lower level93. Where there
are serious irreversible aspects that can produce harm, activities are considered as dangerous;
hence it needs to be entirely prohibited in all aspects. Therefore, in various countries, there exists
a multiple cessation on driftnet fishing which requires the application of the South Africa Marine
Living Resources Act. This also forbids the utilization of risk associated elements that could
impact the development of fisheries. Hence, precaution in conservation is also linked with broad
conceptual or management approaches. This states that the species- based approaches shows
varied global and national which are developed for the purpose of enhancing the value of
conservation and protection of natural resources. Therefore, in this dimension the ecosystem
approach incorporate the understanding regarding ecosystem which is largely unpredictable and
uncertain94.
93 Morán‐Ordóñez, A., Whitehead, A. L., Luck, G. W., Cook, G. D., Maggini, R., Fitzsimons, J.
A. and Wintle, B. A, ‘Analysis of Trade
‐Offs Between Biodiversity, Carbon Farming and
Agricultural Development in Northern Australia Reveals the Benefits of Strategic Planning’
(2017) Conservation Letters 10(1) pp.94-104.
94 Di Minin, E., Soutullo, A., Bartesaghi, L., Rios, M., Szephegyi, M.N. and Moilanen, A,
‘Integrating biodiversity, ecosystem services and socio-economic data to identify priority areas
and landowners for conservation actions at the national scale’ (2017) Biological Conservation
206 pp.56-64.
49

CHAPTER 4 CONCLUSION
Concluding the entire research study, it can be said that typically risks and challenges are
included because of the factors that involve in the ecosystem and it also leads to more issues in
implementing precautionary principle. Thus, in this respect it is clear that uncertainty in the
ecosystem structure and specific functional values changes the approaches to development of
precautionary principle. At the same time, it also leads to single- species approach to
management. In the context of forestry, the system of ecosystem is regarded as a basic
precautionary principle that is also compared with sustainable forest management approaches.
However, it does not need to comply any precautionary approach that is concerned with
conservation threats. For example- the approach of ecosystem is related to slayers that is present
in the marine biodiversity and at the same time, it also affects fisheries and their productivity.
This also specifies about adaptive management approach that includes uncertain dynamics about
the complex eco- system.
At the same time, adaptive management comprises of management activities and
practices which are useful in terms of managing the resources that develops the value of eco-
system. At the same time, it also emphasizes on developing several interventions that leads to
management and monitoring of eco-system. It is also ascertained that several management
approaches for biodiversity conservation focuses on stress adaptive management that tycpailly
includes conservative activities. Such acts are chiefly utilized for the protection of fisheries as
that play important role in changing the value of eco-system. This is integrated with the
Ecosystem Approach which is established under CBD Guidelines on Sustainable Use. This is
also integrated with environmental certification standards that enhances the value of conserving
the aspects of biodiversity. However, in this context it can also be said that precautionary
principle as well as adaptive management both have confusing statements. Such groups are also
useful in terms of viewing precautionary principle as an alternative approach which also
considers uncertainty as its major aspects. Thus, it can be concluded that there are certain
challenges that lie at the time of protecting wildlife management. Henceforth, in the domain
wherein commercial fisheries are managed, adaptive management is referred to a consistent
because of its contribution in precautionary approach.
50

51

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