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RESEARCH PRODUCT

Gaps in International Biodiversity Law and Possible Ways Forward

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Building on the report on gaps in international environmental law prepared in 2018 by the UN Secretary-General, this chapter focuses on the existing gaps in international biodiversity law and explores possible ways forward to a more effective and integrated legal regime. The analysis indicates the existence of structural, regulatory and implementation gaps that seriously undermine the efficiency of the regime. The chapter explores the possibility of building a more integrated international legal regime for biodiversity protection by analysing three possible avenues: greater integration between existing conventions, the conclusion of new conventions (such as the impending agreement on marine biodiversity in areas beyond national jurisdiction) and the operationalization of principles proclaiming the collective interest of all States in the conservation and sustainable use of biodiversity. The conclusions suggest that, in order to bridge existing gaps in the post-2020 framework, Parties to biodiversity conventions should focus not only on policy solutions but also on more committed legal actions to preserve the Earth’s biodiversity.