MASTER : NOUVELLES TENDANCES DU DROIT INTERNATIONAL

MODULE : ENGLISH

REALIZED BY : El Habib Etalhi- Jacques Epema- Endo Victor

UNDER THE SUPERVISION OF: PR SAMI GHIZLANE

Academic year: 2023-2024

 BIODIVERSITY LOSS

introduction

The term "biodiversity" emerged in the 1980s in the United States and gained
international importance in 1992 with the Convention on Biological Diversity (CBD).
According to Article 2 of the CBD, biodiversity is defined as the variability of living
organisms and ecosystems, covering diversity within species, between species, and
of ecosystems. This international recognition peaked during the International Year
of Biodiversity in 2010, declared by the UN.

Biodiversity comes in three main types: genetic diversity (variations within a

species), species diversity (variety of species in an ecosystem or on the planet), and
ecosystem diversity (variety of habitats, biological communities, and ecological
processes in a given environment).

Understanding and addressing biodiversity loss is crucial for several reasons. Firstly,
the stability and resilience of ecosystems depend on biodiversity, allowing them to
withstand disturbances like climate change, diseases, and natural disasters.

Significantly, biodiversity is essential for human well-being. It directly influences

food security through crop pollination, resilience to natural disasters through
ecosystem protection, and energy stability by maintaining balanced ecosystems.
Additionally, it ensures access to clean water by preserving freshwater sources and
contributes to climate regulation.
Biodiversity loss compromises ecosystems' ability to provide essential services,
threatening the social, economic, and environmental pillars of sustainable
development. Moreover, it is closely linked to global poverty, as many communities
depend directly on natural resources for their livelihoods.
The causes and consequences of biodiversity loss, though complex, deserve
particular attention. Human activities like deforestation, pollution, and
overexploitation of resources significantly contribute to this loss, resulting in an
alarming decrease in biological diversity.

Statistics highlight the persistent risks of biodiversity loss. For example, according
to the IUCN (International Union for Conservation of Nature) report, over 30% of
assessed species are at risk of extinction in various ecosystems. These numbers
underscore the need for continuous action to preserve our global biological
diversity.

It is crucial to emphasize that a comprehensive legal and operational framework

accompanies this vital issue. The Convention on Biological Diversity (CBD) provides
an international legal basis for biodiversity conservation, standing alongside other
legal instruments, while many countries have established national laws to protect
their ecosystems.

Key questions arise:

1. What factors contribute to the alarming loss of biodiversity?
2. What impact does biodiversity loss have on our environment and ecosystems?
3. In the legal framework of international law, what regulations govern biodiversity?
4. What concrete measures and actions are taken to address biodiversity loss?

To address these questions, we will proceed in two parts. In the first part, we will
explore the causes and consequences of biodiversity loss. In the second part, we
will discuss the legal framework and practical actions taken to preserve biodiversity
internationally and particularly in the Kingdom of Morocco.

I - CAUSES AND CONSEQUENCES OF BIODIVERSITY LOSS:

A- FACTORS OF BIODEVERSITY LOSS :
The loss of global biodiversity has been a concern for years, impacting animals,
plants, and all living beings. The COP15, held in Montreal, Canada, on December
19, 2022, highlighted five main causes of this destruction.
Cause number 1: Destruction of natural habitats is the primary reason for
biodiversity collapse. It leads to pollution, reduced food resources for wildlife,
and the disappearance of habitats. Natural disasters (fires, floods, diseases) or
human activities like construction and farming contribute to habitat destruction.
Cause numb 2: Overexploitation of resources refers to uncontrolled use, where
extraction exceeds the natural regeneration rate. This affects various parts of
the environment, such as ecosystems, groundwater, and the sea, leading to
threats to plant and animal species, disruption of natural balances, and loss of
ecosystem services.
Cause numb 3: Climate change, with its interconnected history with biodiversity,
manifests in disruptions to water cycles, rising air and water temperatures, soil
drying, and increased extreme events like heatwaves and floods. These directly
impact natural habitats and disrupt the life cycles of species, affecting regional
biodiversity.
Cause numb 4: Pollution, primarily linked to human activities, harms
ecosystems and threatens plant and animal species. Nutrient spread in water
due to coastal development and aquaculture seriously impacts marine life.
Plastic pollution has surged tenfold since 1980, and millions of tons of heavy
metals, solvents, toxic sludge, and industrial waste are discharged into water
annually. And Cause number5: Invasive exotic species have devastating effects
on native species, altering existing balances. Global trade accelerates the spread
of invasive species, particularly endangering island ecosystems. If invasive
species carry pathogens, the risk of new diseases emerging increases. These
challenges emphasize the urgent need for coordinated global action to preserve
biodiversity. The insights from the COP15 underscore the importance of
addressing habitat destruction, resource overexploitation, climate change,
pollution, and invasive species to secure a sustainable future for life on Earth.
B – BIODIVERSITY LOSS IMPACTS:
Most importantly, when we encounter health challenges, it's largely attributed
to the decline in biodiversity. We've all experienced the impacts of
environmental degradation directly affecting our lives.
Now, let's focus on specific points related to the outcomes of biodiversity loss,
emphasizing the detrimental effects on humanity.

1 - Impact of Biodiversity Loss on People:

- Compromised Food Security: Diminished biodiversity impedes our ability to
diversify our food sources. Species and plants that were once vital for a variety
of essential foods are now under threat.

- Decline in Health: The disappearance of various plants, microorganisms, and

animals crucial for medicine compromises our ability to safeguard our health.
Biodiversity loss also restricts the production of chemicals used in both medicine
and our homes.

- Disruption of Water Purification: Biodiversity loss affects aquatic ecosystems,

including symbiotic algae and corals, leading to reduced water purification, less
effective contaminant filtration, and degraded water quality.

2 - Consequences of Biodiversity Loss on Nature in General:

The degradation of biodiversity has critical repercussions on ecosystem

functioning, resulting in harmful consequences, including:

- Imbalance in the Nutrient Cycle.

- Soil Degradation: Diminished biodiversity reduces the likelihood of soil hosting
natural enemies of crop diseases, heightening the dependence on pesticide use.
- Increased Vulnerability to Pests.
- Decline in Plant Pollination: The loss of pollinators, such as bees, not only
impacts agricultural crops but also disrupts habitats and food sources for many
other animals.
- Disturbance in Climate Regulation: Ecosystems like forests become less
effective in climate regulation. Deforestation and biodiversity loss lead to
reduced absorption of carbon dioxide and less oxygen release through
photosynthesis.

In conclusion, it's crucial to recognize that biodiversity loss isn't solely about the
disappearance of different species but also involves a significant decrease in the
relative number of each species. This drastic reduction jeopardizes the essential
ecological balance required for the harmonious functioning of our ecosystems,
with serious and widespread consequences on our health, food, and overall
environment.

II – Normative and operational action to preserve biodiversity :

A- Legal and Institutional Framework for Biodiversity Conservation:

Protecting biodiversity involves a network of international instruments, starting with
the 1992 Convention on Biological Diversity (CBD) under the UN. This sets the global
foundation for biological conservation, emphasizing principles like sustainable use of
biological resources and fair benefit-sharing.
Protocols stemming from the CBD strengthen this global framework. For example, the
Cartagena Protocol on Biosafety (2000) oversees the safe transfer of genetically
modified organisms, while the Nagoya Protocol (2010) ensures fair access to genetic
resources.

Internationally, organizations like the International Union for Conservation of Nature

(IUCN) play a crucial role by creating influential guidelines.
Additionally, the 1973 Convention on International Trade in Endangered Species of Wild
Fauna and Flora (CITES) regulates global trade to preserve biodiversity, and the RAMSAR
Convention contributes to global wetland protection.

On the regional stage, the Kunming-Montreal Agreement of 2022 (COP-15), connected

to the CBD, represents a unified strategy until 2050 to combat biodiversity loss.

The African Convention on the Conservation of Nature and Natural Resources (2013)
promotes regional cooperation for preservation in Africa.

Similarly, the Convention for the Establishment of the European and Mediterranean
Plant Protection Organization demonstrates Europe's commitment to plant
preservation, with concrete examples related to protecting European flora.

Nationally, Morocco demonstrates commitment through legal texts like Law No. 29-05
on the Protection of Species of Wild Flora and Fauna and their Trade. This law aims to
regulate the trade of wild species, ensuring the protection of Moroccan biodiversity.
Additionally, Law No. 76-17 on environmental assessment reinforces sustainable
ecosystem management. These laws confirm Morocco's dedication to biodiversity
conservation, implementing mechanisms to preserve the country's natural wealth and
contribute to global biodiversity efforts.
B – Measures and actions against biodiversity loss :
In the face of growing biodiversity challenges, practical and targeted measures
are being put in place, based on different approaches:
Active Ecosystem Restoration: Reforestation in the Arganeraie forest in Morocco
represents a significant initiative. Restoring these ecosystems promotes habitat
regeneration, thus ensuring the protection of local biodiversity. For example,
planting endemic trees helps recreate favourable conditions for wildlife.

Local Community Engagement: In El Jadida, Morocco, marine reserves managed

by fishermen demonstrate how community involvement promotes the
regeneration of fish stocks and preserves the marine ecosystem. Local
communities are actively involved in monitoring and protection programs,
leading to better management of marine resources.

Technological Surveillance: In South Africa, the use of drones equipped with

infrared cameras is an effective way to deter poachers, thus ensuring the
protection of endangered species. These surveillance technologies are essential
to control critical areas and reduce illegal activities.

Creation of Nature Reserves and Adoption of Sustainable Agricultural Practices:

Toubkal Reserve in Morocco and agroforestry in Costa Rica illustrate successful
strategies. The Toubkal reserve preserves endemic species by creating a
protected environment. Agroforestry in Costa Rica involves integrating trees into
farms, promoting biodiversity while supporting sustainable agricultural
practices.

Protected Areas: These critical areas for biodiversity conservation include

national parks such as Yellowstone Park in the United States, preserving a
diversity of species and ensuring ecological balance.

Environmental Education: Global education programs, such as UNESCO’s

"Education for Sustainable Development" initiative, raise awareness among
younger generations about nature conservation and biodiversity issues.
Integration of International Rules: The harmonization of national legislation with
international agreements, such as the Convention on Biological Diversity (CBD),
strengthens conservation efforts. In Morocco, CBD objectives are integrated into
the national biodiversity strategy.

Sustainable Resource Management: Community-based management of natural

resources in the Amazon allows local populations to preserve biodiversity while
meeting their needs. These measures illustrate the importance of a
comprehensive approach to biodiversity conservation.

By integrating diverse actions, from ecosystem restoration to environmental

education, it is possible to address emerging challenges and ensure a
sustainable future for our planet’s biological diversity.
There is also the important role of NGOs. They play a role in raising awareness
and mobilizing for the protection of biodiversity. They report violations and
advocate, and can take legal action against illegal or harmful activities against
biodiversity.

CONCLUSION

The preservation of biodiversity is guided by international regulations, including the

Convention on Biological Diversity (CBD), and directives from organizations like the
WHO and WTO. Despite these regulatory frameworks, persistent challenges such as
habitat loss, pollution, and climate change continue to threaten biodiversity. The
outlook for preservation depends on effectively implementing operational measures,
such as ecosystem restoration and community engagement. However, shortcomings in
implementation and ongoing pressures on ecosystems underscore the need for swift
and coordinated global action.
The future of biodiversity depends on our ability to address these challenges, promote
sustainable practices, and foster close collaboration among nations. Investing in
research, enhancing environmental education, and developing ecofriendly technologies
are strategic approaches to shaping a future where biodiversity thrives, contributing to
sustainable ecological balance and the preservation of life on our planet.