Contents of Volume 2:2 (1999)
Journal of International Wildlife Law & Policy
Main Articles
Abstract: The International Sonoran Desert Alliance (ISDA) and the Yellowstone to Yukon Conservation Initiative (Y2Y) are transboundary conservation initiatives rooted in civil society. While similar efforts have appeared on other border areas in North America, they have yet to be defined as a specific "type" of international initiative. Identification would allow for a greater understanding of what these initiatives are trying to accomplish. After case studies of ISDA and Y2Y, this article reviews the applicability of the terms NGO, coalition, and network to these international initiatives. Arguing that these three terms inaccurately or incompletely describe ISDA and Y2Y, this article proposes that they can be better understood as private international regimes. Although traditionally applied to international relations between states, international regime theory provides a comprehensive framework for the diverse and numerous actors and activities within ISDA and Y2Y, and illuminates how these civil society phenomena are working to conserve biodiversity in the Sonoran Desert and Northern Rockies.
Keywords: International regime theory; International Sonoran Desert Alliance; Yellowstone to Yukon Conservation Initiative; civil society; nongovernmental organizations; transboundary ecosystems
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Abstract: The 1990s has been characterized by contentious debate about how to reconcile the protection of biodiversity and intellectual property rights. Two international treaties, the Convention on Biological Diversity (CBD), and the Trade Related Intellectual Property Rights (TRIPs) agreement of the World Trade Organisation (WTO) have significant implications for the nexus of intellectual property rights (IPRs), biodiversity and associated knowledge systems. This article provides a brief history of IPRs related to biodiversity; explores the precise relationship between IPRs and biodiversity; examines the contradictions between TRIPs and the CBD; examines the provisions in existing regimes for implementation of appropriate national action; and assesses possible alternative regimes and actions that could help to resolve the conflicts between IPRs and protection of biodiversity.
Keywords: Biodiversity; intellectual property rights; Trade Related Intellectual Property Rights Agreement, World Trade Organization; World Intellectual Property Organization; genetic resources.
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Abstract: The Convention on the Conservation of European Wildlife and Natural Habitats was signed in Bern, Switzerland in 1979 and came into force on 1 June 1982. Over the past 20 years, various mechanisms have been developed to monitor the implementation of the Convention and to improve its effectiveness. The purpose of this article is to examine the application of these mechanisms and assess the effectiveness of the Convention as a tool for biodiversity conservation.
Keywords: The Convention on the Conservation of European Wildlife and Natural Habitats; Bern Convention.
Abstract: This article assesses the prospects for Costa Rica’s new Biodiversity Law. We believe that this analysis could also provide a valuable case study of national implementation of the Convention on Biological Diversity (CBD). The article is not intended to be a primer on the CBD, nor will it defend its precepts. The authors believe that each nation must formulate a legal framework to regulate biodiversity that reflects their unique national circumstances.
Keywords: Costa Rica; Convention on Biological Diversity; biodiversity; intellectual property
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