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Le droit international de la biodiversité

Abstract : The global nature and acuteness of the threats to biodiversity create a pressing need for international law. In 1992, under the aegis of the United Nations, States adopted the Convention on Biological Diversity, which has a very broad scope of application. But many sectoral and/or regional conventions coexist alongside it and are intended to protect biodiversity as such or some of its components, as well as a set of customary rules. The study of international biodiversity law also leads us to go beyond the stakes, which are certainly essential, of protection or preservation to address the issues raised by the use and exploitation of biodiversity: fishing, hunting, trade, biosafety, or access to biodiversity and the sharing of the benefits arising out of the utilization of genetic resources. In this, international biodiversity law interacts with, and sometimes conflicts with, other rules of international law, including international trade, investment, maritime and human rights law. The ambition of this course is not to offer an exhaustive presentation of an abundant but still sparse material, but rather to contribute to its conceptualization. International biodiversity law is also an excellent laboratory for studying the ongoing developments of contemporary international law. The institutionalization of cooperation, the development of a secondary law of uncertain normativity, fragmentation, the articulation between customary and conventional rules, the role of the international judge, innovative control mechanisms and, more broadly, State support mechanisms, compensation for damages, are all fundamental issues that go far beyond international biodiversity law, but which it is very instructive to approach through the prism of the latter.
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https://halshs.archives-ouvertes.fr/halshs-03007214
Contributor : Sandrine Maljean-Dubois <>
Submitted on : Monday, November 16, 2020 - 11:45:34 AM
Last modification on : Tuesday, November 17, 2020 - 3:21:45 AM

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Sandrine Maljean-Dubois. Le droit international de la biodiversité. Brill, 407, pp. 123-538, 2020, Recueil des cours de l'Académie de droit international, 9041118594. ⟨halshs-03007214⟩

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