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Convention on Biological Diversity (CBD) (1992)

Convention on Biological Diversity (CBD)

June 5, 1992

The Convention on Biological Diversity was opened for signature on June 5, 1992, at the United Nations Conference on Environment and Development (UNCED) in Rio de Janeiro. It entered into force on December 29, 1993, and, with 196 parties, is one of the most important international environmental treaties.

The CBD was created because the global loss of biodiversity had reached alarming proportions. Scientific studies showed that human activities (in particular deforestation, pollution, overuse of resources, and climate change) were drastically reducing species diversity. The aim was to create a legally binding framework under international law to ensure the protection, sustainable use, and equitable sharing of the benefits of biological diversity.

The CBD pursues three central objectives that are closely interlinked: Firstly, biological diversity in all its forms should be preserved in order to safeguard nature’s rich heritage for future generations. At the same time, the Convention aims to ensure the sustainable use of the components of this diversity so that natural resources are used responsibly without jeopardizing their ability to regenerate. Another key aspect is the equitable sharing of the benefits arising from the use of genetic resources. This is to ensure that the countries of origin of these resources, often developing countries, receive a fair share of the economic and scientific benefits. These objectives reflect the overarching goal of effectively halting the ongoing loss of biodiversity while at the same time distributing the benefits of biological resources equitably worldwide.

With the Kunming-Montreal Global Biodiversity Framework, which was adopted in December 2022 at the 15th Conference of the Parties to the CBD (COP15), the international community has set a new milestone. This framework contains concrete targets for 2030 that aim not only to halt the global loss of biodiversity, but to reverse it. This includes, among other things, the ambitious goal of placing at least 30 percent of land and marine areas under effective protection by 2030 (“30 by 30” target) and significantly reducing the loss of ecosystems and species. The new framework is intended to significantly advance the implementation of the CBD and link biodiversity protection more closely to social and economic development goals.

Additional protocols

Over the years, two important protocols have been developed under the CBD:

Cartagena Protocol on Biosafety (2000): Regulates the transboundary movement of living genetically modified organisms in order to minimize potential risks to biodiversity and human health.
Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from Their Utilization (2010): Creates a legal framework for access to genetic resources and the fair and equitable sharing of benefits arising from their utilization.

These protocols supplement the Convention and strengthen its implementation in specific areas.

CBD and other environmental agreements

The CBD is closely linked to other international environmental treaties, in particular the United Nations Framework Convention on Climate Change (UNFCCC) and the Convention to Combat Desertification (UNCCD). All three agreements were adopted at the 1992 UNCED in Rio and are considered the three central global environmental agreements (“Rio Conventions”).

Although the biodiversity crisis is just as serious as the climate crisis, it receives less attention. One reason for this is that biodiversity loss is often local and not directly noticeable, whereas climate change is perceived more globally. In addition, the CBD does not contain clear emission targets like the Paris Agreement and has fewer binding mechanisms for reviewing implementation. Furthermore, economic interests (e.g., industrial agriculture, land use rights) often work more strongly against biodiversity measures than against climate protection measures.

Reference to the High Seas Treaty

Although the Convention on Biological Diversity (CBD) aims to protect global biodiversity, its direct applicability to the high seas is limited. To close this gap in international law, the High Seas Treaty (BBNJ) was adopted in 2023. It specifically supplements the principles of the CBD for areas beyond national jurisdiction, particularly with regard to the protection of marine ecosystems and the equitable distribution of benefits from the use of genetic resources in international waters.

See here for more information on the High Seas Treaty: https://eggerphilips.ch/en/project/2023-highseastreaty/

What is interesting from a negotiation perspective?

Compromises as the key to the success of the CBD

The CBD negotiations show how seemingly incompatible interests can lead to a common solution. Industrialized countries wanted easy access to genetic resources, for example for medicines and new technologies. In return, developing countries demanded a fair share of the profits generated from the use of “their” natural resources. This gave rise to the concept of “access and benefit sharing” (ABS), i.e., access to resources with fair distribution of benefits. This principle was later codified in the Nagoya Protocol of 2010. Without this compromise solution, many countries would probably not have signed the CBD. This example shows how important it is to create concrete and fair offers for all sides, rather than just talking about “win-win situations.”

Start flexibly, specify later

The CBD was deliberately negotiated as a framework agreement in order to enable agreement to be reached despite major differences between countries. Instead of laying down all the details immediately, only basic objectives were defined, with concrete measures to be added later. This led to the Cartagena Protocol (2000) on protection against risks posed by genetic engineering and the Nagoya Protocol (2010) on the use of genetic resources. This step-by-step approach made it possible to achieve initial successes and negotiate difficult issues later under clearer conditions. For complex issues involving many stakeholders, such a flexible start is often the only way to reach an agreement at all.

Symbolic conferences as a catalyst for negotiations

Important political agreements are often not reached in small negotiating rooms, but at large, high-profile conferences. The CBD was signed at the famous Earth Summit in Rio in 1992, which attracted worldwide attention. The Nagoya Protocol was also only successfully concluded at the ceremonial COP10 conference in Japan in 2010, after years of tough negotiations. Such conferences increase political pressure and offer governments the opportunity to publicly showcase their successes. For the CBD, these symbolic moments were crucial in overcoming obstacles and achieving concrete results.

Without control, there is no effect

Targets on paper are not enough if no one checks whether they are being implemented. Although the CBD obliges countries to draw up plans to protect biodiversity, there is little monitoring of their implementation. A good example of this is the Aichi Biodiversity Targets, which were in place from 2010 to 2020. Almost all of these targets were missed – even though they were ambitious. This shows that without clear rules on who has to do what by when, agreements remain ineffective. Successful negotiations must therefore always clarify how measures are to be monitored and, if necessary, enforced.

Science and facts as a basis for negotiation

The CBD negotiations clearly demonstrate how important a solid scientific basis is for successful international agreements. Even before the negotiations began, reports from organizations such as the United Nations Environment Programme (UNEP) and the International Union for Conservation of Nature (IUCN) had impressively documented the dramatic loss of species and habitats. These scientific analyses made the biodiversity crisis tangible and created a common factual basis on which countries with very different interests could agree. Without this clear evidence of the urgency of the problem, the political will for such a comprehensive agreement would hardly have emerged. Subsequent biodiversity reports such as the regularly published Global Biodiversity Outlook – also show how important reliable data is for measuring progress and identifying the need for political action. For future negotiations, the following applies: only those who provide solid facts can lay the foundation for effective and long-term accepted decisions.

The Convention on Biological Diversity marks a decisive turning point in international environmental protection. It shows how global negotiations can lead to concrete results even in cases of complex conflicts of interest – provided that scientific facts can be communicated convincingly, balanced compromises can be found, and long-term implementation can be ensured. Whether the ambitious goals of the Kunming-Montreal Framework will be achieved will depend crucially on how consistently countries fulfill their commitments and whether political promises are translated into effective action.