UNEP-BPSP THEMATIC STUDIES

Legislative Complementarity and Harmonisation

of

Biodiversity-related Multilateral Environmental Agreements

Introduction

This report is one of eight thematic reviews prepared for the Biodiversity Planning Support Programme (BPSP), jointly-implemented by the United Nations Development Programme and the United Nations Environment Programme, with core financial support from the GEF.

The BPSP was created to help countries strengthen national capacity to prepare and implement National Biodiversity Strategies and Action Plans in compliance with Article 6 of the Convention on Biological Diversity.

The study consists of the following:

1. Legislative complementarity and harmonisation of biodiversity-related multilateral environmental agreements - Synthesis Report (Spanish, French)


This Synthesis Report aims to provide a summary and quick reference guide to the main report and case studies produced for UNEP/UNDP/GEF Biodiversity Planning Support Programme.

The structure of this paper is as follows: there are seven sections:
1. Biodiversity Planning; 2. Legislative Measures; 3. Institutional Framework; 4. Exchange of Information; 5. Reporting; 6. Public Education and Awareness; and 7. Public Participation. Each of these sections opens with an introduction to the issue and a link to the relevant section of the Discussion Document providing further information. The main report also includes a comprehensive Annex with background information on each of the biodiversity-related agreements included in this study, identifying key synergies among them. A non-exhaustive checklist summarises the key problems identified through this project in achieving national co-ordination and legal harmonisation when implementing international biodiversity-related conventions. Some solutions and suggested approaches are included as a list of questions which biodiversity planners and other relevant authorities should consider when tackling the national implementation of these conventions. A summary table is included at the end of each of the seven sections, listing the relevant obligations for the Parties on the particular issue. These tables are intended to provide biodiversity planners and other relevant officials with a quick overview of the obligations included in each legal instrument.

2. Legislative complementarity and harmonisation of biodiversity-related multilateral environmental agreements - Discussion Document.

This Discussion Document focuses on identifying and addressing synergies and gaps between international biodiversity regimes, with a view to assisting biodiversity planners, and other national authorities, with the implementation of the Convention on Biological Diversity (CBD) at the national level. In particular, the scope of this paper covers key linkages between the CBD and the following global biodiversity agreements: the Convention on International Trade on Endangered Species of Wild Fauna and Flora (CITES); the Convention on Migratory Species (CMS); the Ramsar Convention on Wetlands of International Importance; and the World Heritage Convention (WHC) . UNESCO's Man and the Biosphere Programme (MAB) is also included .

3. Legislative complementarity and harmonisation of biodiversity-related multilateral environmental agreements - Annex - Information Document.

This Information Document compiles and reviews existing literature on legislative complementarity and harmonisation of biodiversity-related multilateral environmental agreements (MEAs). It provides background information on each of the biodiversity-relevant conventions and can be used for reference on its own or to support the main report of this study. The document includes an overview of each of the international regimes listed above, highlighting the main obligations for the Parties. This is followed by the identification of the main areas of synergy between each of these agreements with the CBD, as well as with other biodiversity-related conventions and processes.

4. Legislative complementarity and harmonisation of biodiversity-related multilateral environmental agreements - 5 National Case Studies.

Five national case studies were commissioned as part of this project and discussed at an international workshop held in London on 21-23 May 2001. The countries were: Cuba; Hungary; India; Kenya; and Peru.