International Regime for Biodiversity Offsets

AutorLuiz Gustavo Escorcio Bezerra
Páginas315-333
1. Introduction1
is article derives from my LLM dissertation “Biodiversity O sets in National
(Brazil) and Regional (EU) Mandatory Arrangements: Towards an International
Regime?”, which was published in May 2007 at the Business and Biodiversity
O sets Program website (http://bbop.forest -trends.org/library.php).
e purpose of the dissertation was to (i) disseminate the understanding
of biodiversity o sets; (ii) analyse Brazil’s national and the European Union’s
regional frameworks for biodiversity o sets; and (iii) launch the debate of esta-
blishing an international regime for biodiversity o sets.
In the 2007 dissertation, Brazil’s case study was of particular interest owing
to its wealth of biodiversity. Brazil holds about 30 percent of the Earth’s remai-
ning tropical rainforest, harbours many unknown species and is thought to hou-
se one -third of the world’s bird species, at least one -third of the world’s plants
and probably the same proportion of other species.2 In addition, Brazil has
sophisticated biodiversity o set arrangements that warranted in -depth study.
e EU’s legal framework was also worthy of analysis for a di erent re-
ason. It is a successful regional mandatory arrangement, dealing with a wide
range of ecosystems and species across countries’ borders, and might serve as
testing ground for future regional arrangements3, as well as in designing a
future international regime.
1 Professor of Brazilian Environmental Law and International Environmental Law at the Rio de Janeiro
State University (UERJ) Faculty of Laws since 2008. LLM in Environmental Law from University Col-
lege London (2006/2007). Head of the Brazil Environmental Practice — Tauil & Chequer associated to
Mayer Brown LLP.
2 Business and Biodiversity — A Guide for the Private Sector, Published by IUCN —  e World Conserva-
tion Union and WBCSD — World Business Council for Sustainable Development, 1997.
3 For example, a regional arrangement for biodiversity o sets could be necessary or desirable in the near
future to foster biodiversity conservation in the Amazon Basin.  e Amazon Basin extends through the
territory of 9 di erent South American nations and produces roughly 20 per cent of Earth’s oxygen.
(National Geographic Magazine, January 2007, p. 54.)
INTERNATIONAL REGIME FOR BIODIVERSITY OFFSETS
LUIZ GUSTAVO ESCORCIO BEZERRA1
316 A ECONOMIA VERDE NO CONTEXTO DO DESENVOLVIMENTO SUSTENTÁVEL
After learning from EU and Brazilian experiences, the dissertation con-
cluded that an internationally coordinated solution was needed, launching the
debate of designing an international regime for biodiversity o sets, or of which
biodiversity o sets form a part. However, at that time the dissertation alre-
ady warned that as negotiating international environmental agreements is a
complex and time consuming process, it was crucial not to lose the focus on
developing national and regional biodiversity o set mandatory arrangements,
building on the lessons taken from the case studies analysed.
is ar ticle aims at updating the debate surrounding the design of an interna-
tional regime for biodiversity o sets launched in 2007, bringing this proposition
to the forefront of the battle against current biodiversity loss. Biodiversity is essen-
tial to maintaining the biosphere in a condition which supports human and other
lives, providing a large number of goods and services that sustain lives and live-
lihoods and ensuring the ecological stability of the planet.  e 2002 World Sum-
mit on Sustainable Development held in Johannesburg recognised the urgency
of action against biodiversity loss and endorsed in its Plan of Implementation the
achievement by 2010 of a signi cant reduction in the rate of biodiversity loss.4
e goals of halting biodiversity loss and alleviating human poverty were
not achieved.  e TEEB5 study already pointed out the urgency of recog-
nising “the deep link between ecosystem degradation and the persistence of rural
poverty6. CBD Decision X/6 on “Integration of biodiversity into poverty
eradication and development” corroborates.
e current biodiversity crisis lead the Tenth Conference of the Parties of
the CBD, held in Nagoya, Aichi Prefecture, October 2010, to adopt7 a revised
and updated Strategic Plan for Biodiversity with quite ambitious targets for the
decade to come.
Among the Aichi Biodiversity Targets are (i) at least halve and, where fe-
asible, bring close to zero the rate of loss of natural habitats, including forests
(Target 5); (ii) establish a conservation target of 17% of terrestrial and inland
water areas and 10% of marine and coastal areas (Target 11); and (iii) restore
4  e 2002 WSSD endorsed the Decision VI/26 of the Sixth Conference of the Parties of the Convention
on Biological Diversity (CBD) held in April 2002, which adopted the Strategic Plan for the Convention,
committing Parties to “achieve by 2010 a signi cant reduction of the current rate of biodiversity loss at the
global, regional and national level as a contribution to poverty alleviation and to the bene t of all life on earth”.
5 e Economics of Ecosystems and Biodiversity (TEEB) study is a major international initiative to
draw attention to the global economic bene ts of biodiversity, to highlight the growing costs of biodiver-
sity loss and ecosystem degradation, and to draw together expertise from the  elds of science, economics
and policy to enable practical actions moving forward.
6 TEEB —  e Economics of Ecosystems and Biodiversity for National and International Policy Makers
— Summary: Responding to the Value of Nature 2009, page 4.
7 COP 10 Decision X/2. Strategic Plan for Biodiversity 2011 -2020.

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