Legal and Institutional Frameworks

Nattley Williams - Programme Leader

• Visit the Environmental Law Centre, IUCN, Bonn Germany at http://iucn.org/themes/law

Despite the international community's acknowledgment that alien species introductions can lead to ecological damage and the consequent loss of biological diversity, as well as potentially huge economic and development losses, introductions appear to be increasing. This suggests that legal and institutional mechanisms at the international, national and sub-national levels are inadequate.

The Legal and Institutional Dimensions of Invasive Alien Species

Introduction and Control: Legal Component of the IUCN/SCOPE Global Invasive Species Programme aims to

• establish a knowledge base on existing international instruments and institutions;

• establish a knowledge base on existing legal instruments and institutional approaches at the national and sub-national levels;

• analyse and compare the national and sub-national legal instruments and institutional approaches of selected countries;

• identify deficiencies in approach at the international and national/sub-national levels and propose innovative or new legal and institutional means to prevent introduction, and facilitate the control or eradication, of invasive alien species;

• provide a foundation for legal and institutional capacity building efforts, particularly in developing countries, at the national and sub-national levels in the areas of technical legal assistance and human resources development.

• collect and document existing national and sub-national legislation to provide the basis to support the implementation of article 8(h) (alien species) of the Convention on Biological Diversity (CBD). The survey results could contribute to the CBD's Clearing House Mechanism (CHM).

Activities

1. Survey of international instruments/institutions

Since there is currently no binding global treaty dealing solely with the full spectrum of invasive alien species issues, the first activity will establish a knowledge base on existing international instruments, institutions and processes related to invasive alien species using the IUCN Environmental Law Information System (IUCN-ELIS).

• Three categories of instruments, representing a continuum of obligations and guidance, will be surveyed and analysed: (1) global and regional multilateral treaties, (2) soft law instruments and (3) international technical guidance documents promulgated by various international organizations. Where secretariats exist to oversee implementation, they will be contacted to identify their respective work programmes on alien species and to ascertain the efficacy of the instrument.

• In addition to objective and analytical commentary on the international instruments and institutions identified, two comparative charts will be generated. The first chart will summarize existing instruments and provide capsule descriptive information. The second chart will list existing binding instruments, their status and which States or regional economic integration organizations are parties.

2. Reports on the international, national and sub-national legal/institutional mechanisms

The second activity will focus on the legal and institutional approaches to invasive alien species at the national and sub-national levels.

(a) National Reports

• First, a knowledge base on existing legal instruments and institutional approaches at the national level will be established. A written survey of the Convention on Biological Diversity's Parties will be undertaken through their respective focal points. Answers to specific questions will be sought. Copies of relevant legislation will be requested, obtained and input into the IUCN-ELIS. The survey will provide the basis for a comparative chart.

• Second, nine countries have been chosen for in-depth analysis of their existing legislation and institutions. Countries have been selected on the basis of a number of criteria including geographic location, range of invasive impacts, level of development and economic or political system, in addition to existing interesting legislative or institutional approaches. They are Germany, Poland, New Zealand, Mauritius, Western and American Samoa, USA/Hawaii, Argentina and South Africa.

Each analysis will be undertaken by a national legal expert. In their country report, each national legal expert will be responsible not only for an objective analysis of the country's legal and institutional situation with regard to invasive alien species, but will be expected to ascertain the efficacy of existing measures, identify gaps and deficiencies and, where necessary, propose innovative or new options for improving the country's legal and institutional situation.

(b) International Reports

Four legal experts will contribute legal papers on the international, legal and institutional aspects of invasive species introduction, control and eradication drawing on legal and institutional approaches in (1) nature conservation, (2) quarantine, (3) the release of genetically modified organisms and (4) international trade regime.

The papers will provide the theoretical basis for the project's publications on approaches to invasive alien species legislation and institutions, as well as the basis for analysing the feasibility of developing comprehensive approaches to ensuring a country's biosecurity. Innovative or new approaches will be hypothesized or identified drawing on experiences in the four primary sectors to be studied. The papers will provide the foundation for the project's subsequent topic workshop.

3. Project Workshop

The national legal experts and the four international legal experts will come together to discuss their findings. Other experts will be invited to attend the meeting to lend their insight.

Deficiencies in approach at the international and national/sub-national levels will be identified and innovative or new legal and institutional approaches to prevent the introduction, and facilitate the control or eradication of, invasive alien species will be proposed.

The topic workshop took place at the IUCN Environmental Law Centre, 10-11 December 1999.

4. Supplement to the IUCN Guide to the Convention on Biological Diversity

The sub-activity involves writing and publishing a supplement to IUCN's A Guide to the Convention on Biological Diversity. The publication will focus on the legal and institutional aspects of implementing article 8(h) of the Convention on Biological Diversity. The publication will be widely distributed in English, French and Spanish.

5. Legal Chapter on the Global Invasive Species Project and Action Plan

The legal chapter on the Global Invasive Species Programme and Action Plan will be prepared. This will be presented at the Synthesis Workshop to be held in September 2000.Primary project participants will be largely drawn from either the membership of IUCN's Commission on Environmental Law, lawyers affiliated with IUCN, governmental or non-governmental members or other legal experts not specifically affiliated with IUCN.

Products

1. Knowledge base and analysis of existing international instruments related to alien species.

2. Comparative chart summarizing and describing existing international instruments.

3. Comparative chart listing existing binding international instruments, their status and their parties.

4. Knowledge base and analysis of existing legal instruments and institutional approaches at the national level.

5. Collection of national and sub-national legislation.

6. Comparative national legislative and institutional chart of Convention on Biological Diversity parties.

7. Country reports for nine focus countries.

8. Supplement to IUCN's A Guide to the Convention on Biological Diversity on the legal and institutional aspects of implementing article 8(h) of the Convention on Biological Diversity.

9. Written input into the Global Invasive Species Programme and Action Plan.

Beneficiaries

The project will have a number of beneficiaries. The global community will benefit from the development of the international instrument and national legal and institutional knowledge bases including their respective analyses and comparative charts. Developing countries in particular will benefit as donors will be able to ascertain the state of development of and gaps in existing national measures.

Developing countries may also benefit from in depth analysis of their legal and institutional situation with regard to invasive alien species.

The global community, in particular the Parties to the Convention on Biological Diversity, will also benefit from the publication of a supplement to IUCN's A Guide to the Convention on Biological Diversity. This publication will provide legal and institutional options for implementing article 8 of the Convention.

The global community will benefit from the project's contribution of a legal and institutional perspective to the Global Invasive Species Strategy and Action Plan. The Global Invasive Species Strategy will, among other things, heighten public awareness of a leading threat to biological diversity.