The Role of Precautionary Principle in Marine Biodiversity Conservation
Added on 2020-01-28
59 Pages18010 Words479 Views
THEROLEOFTHEPRECAUTIONARYPRINCIPLEINTHECONSERVATIONANDSUSTAINABLEUSEOFMARINEBIODIVERSITY1
TABLEOF CONTENTSIntroduction......................................................................................................................................4Research aim and objectives........................................................................................................4The development of the precautionary principle.........................................................................5Challenges in implementing the precautionary principle............................................................6General implications of the precautionary principle...................................................................7Chapter 1..........................................................................................................................................9Precaution in biodiversity- related law and policy..........................................................................9Multi-lateral agreements (CBD, UNCLOS and MARPOL)........................................................9International regulations Rio Declaration 1992, Agenda 21.....................................................10Jakarta Mandate on Marine and Coastal Biological Diversity (1995)......................................11Domestic regulations.................................................................................................................13Fisheries-The UN Fish Stocks Agreement 1995.......................................................................13Biosafety-Cartagena Protocol 2000...........................................................................................14General application of the precautionary principle in cases......................................................15Case for Marine Biodiversity.........................................................................................................18Chapter 2........................................................................................................................................19The application of the precautionary principle in the conservation and sustainable use of marinebiodiversity....................................................................................................................................19Fishery management..................................................................................................................19Tropical reefs.............................................................................................................................21Marine reserves..........................................................................................................................23Marine coastal protected areas...................................................................................................24National sanctuaries...................................................................................................................27Marine Parks..............................................................................................................................292
Chapter 3........................................................................................................................................31Challenges in implementing the precautionary principle in the conservation and sustainable useof marine biodiversity....................................................................................................................31Translating principles into practice...........................................................................................31Extent and nature of uncertainty................................................................................................36Nature of threat to biodiversity and living natural resources....................................................40Chapter 4 Conclusion....................................................................................................................43References......................................................................................................................................453
INTRODUCTIONIn general terms, biodiversity can be characterized as varieties and variabilities of life onearth; whereas marine biodiversity shows different species present within ecosystem. The coastalong Western Pacific reflects the highest Marine biodiversity, on the other hand, temperature ofsea surface temperature has been witnessed to be highest in the oceans.Moreover, it has beenobserved 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. Thepresent research work has been emphasizing on all the principles that can be applied for thepurpose of conserving marine biodiversity. Biodiversity is concerned with variety of livingbeings existing in the form of animals or plants or organisms. In addition, theseare also theessential component of nature which aids in proper survival of the human species. The quality ofbiodiversity 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, around300,000 species have been included within this category. Similarly, fauna is the conglomerate ofdifferent species of animals, which is inclusive of birds, molluscs, fish and mammals. Fastchanges in the environment causes mass extinctions; hence chief focus is required to be giventowards marine conservation. It can be said that marine resources are responsible for protectingas well as preserving the eco-system both in oceans and sea. Thus, chief focus is laid onrestricting the detrimental impact which is caused on marine eco system by the humans, which inturn also restores and preserves vulnerable marine species. Thus, as per the application ofprinciples, discussion has also been made regarding implications of precautionary principle onresearch, 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 tobe adopted. Moreover, specific challenges are also defined that generally arise at the time ofapplying principles in the areas of concern. Marine resource conservation is an active measure1Ronald 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 chieflyrelies 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 theconservation and sustainable use of marine biodiversity.Objectives:In order to meet the aim of the research study, the primary focus is on framing differentobjectives.To identify the principles used in conserving marine biodiversity To ascertain the importance of precautionary principle in conserving marine biodiversityand 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 allthe precautionary principles that are developed for the purpose of conserving marinebiodiversity. Thus, regarding this researcher has been describing all the associated challengesthat usually arise at the time of conserving marine species. The development of the precautionary principle This principle was propounded through Rio Declaration on Environment anddevelopment in the year 1992. It defines different action policy that suspects the risk that cancause harm to public, environment and in the lack of consensus at a scientific level. Policymakers are responsible to use such principles for the purpose of justifying unrestricted decisionswhich have the scope of causing harm in some form. Further, it been observed that these form oferror occur in the even not much scientific information is available on the subject. This principlehas created a social responsibility in order to secure people from different harms and risks. Alongwith that, appropriate protection can be taken suitably that also emerges for protecting the publicand natural species. Certain jurisdiction including the European Union has made it a statutoryrequirement to be applied in certain areas of law. However, on the other hand the international conduct of this principle was propounded inthe year 1982, pursuant to World Charter for Nature and adopted by the United Nations General5
Assembly; nonetheless the year 1987 marked the undertaking of international implementationfor the first time, through the Montreal Protocol. Afterwards, integration of this principlehappened with other international treaties, which were binding in nature like the Rio Declarationand Kyoto Protocol. However, on the other hand, in economic terms, the effect of PrecautionaryPrinciple can be assessed on the basis of interaction between irreversibility and uncertainty, aswell as the rational decision making in respect to such an interaction. Thus, it can be said that thePrecautionary Principle regulates the manner in which people begin react to the concern ofsustainable development especially in the context of environment. Further, it also urges a willingness to take action on the ground of society which alsogenerates the need for future development. Application of this Principle with an approach whichis cost effective in nature and leads to social and economic aspects. Under this several policiesare being developed to reduce the threat of future climate changes which further leads to a majorshift in behaviour related to travel as well as energy use. The 1992 Rio Declaration onEnvironment and Development contends that existence of threats to cause damage of such anature which is irreversible, in such circumstances scientific ascertainments could not form to bethe basis to postpone measures preventing environmental degradation, and cost effective innature. Whereas, Wingspread Statement on Precautionary Principle (which is developed bygroup of scientists, lawyers, officials and activists), precautionary action includes 4 major partssuch as:It is the duty of people to take anticipatory action to reduce the possible opportunities ofharm and risks. The burden derived from attribute of harmless technological advancement, processactivity 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 haveobligation) 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 ofbeing informed, democratic and open to include parties which are affected by the issue. Most of the legal perspective states that environmental policy incorporates precautionaryprinciple which imposes regulatory measures on the basis of least of the potentials to generateharm to environment. Precautionary measures are usually taken at the time when cause and6
effect relation has not been established to its fullest. However, on the other hand it also includesprecautionary measures which is a part of a new technology or activity, and has the burden ofproof 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 bodiesto consider all the associated challenges as well. It is predicted that this Principle shall stopdeveloping or innovating since the liability to prove is imposed on product and services beforeentering into market. Thus, along with this, it can be stated that this Principle is based onemotion and it is irrational as well which goes towards environmental activities and which do notfocuses on chemical aspects. Since, it uses a toxic substance; therefore it could include any suchprinciple that emphasizes on precautionary principle2. While applying precautionary measures, itis required to consider if Precautionary measures deals with all the hazards for which theenvironment degrades on higher extent. The adoption of the Principle in Masstricht Treaty of EU needs to be referenced innumerous international environmental treaties. Further, it could also be included in the CartagenaProtocol on Biosafety as the operative provisions. However, at the same time, adoption ofprecautionary principle shall further increase the possibility of risks faced by human health aswell as environment protection, as then the focus shall be on risks related to technologicaladvancement; however at the same time it can also ignore the risks which new technologiescould prevent or alleviate. General implications of the precautionary principle Precautionary principle has several implications on research study as that could assist theresearcher in identifying the areas that are less emphasized on environmental facets and which donot give much consideration towards sustainable development3. In terms of implication for the2‘Problems with The Precautionary Principle’ (2010)<http://paralyzingprecautionprinciple.com/problems-with-the-precautionary-principle.html>accessed on 1st March 2017.3René 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 andmarine conservation and accordingly, diverse actions can be taken suitably. Thus, it is clear thatthe study would be more interesting and helpful in comprehending the areas that are associatedwith sustainable development. Biodiversity management is required to undertake several actionsand plans that can change the conservation aspects of the environment. Another implication could be observed in the area of natural development whereinseveral actions can be taken for the purpose of enhancing the value of environment andecological balance. Moreover, this could also enhance legal implications in which environmentdepartment has to establish a number of legal rules and procedures that increases the value ofenvironment and sustainable development. In addition, it can also be said to be essential in termsof enhancement in value of ecosystem and environmental balance. Legal policies and frameworkcould also be enhanced at the same time in which several regulations will be required to adhereto meet the changing laws of sustainable development. 8
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