Editorial note

The Convention on Biological Diversity, adopted under the auspices of UNEP, is designed to protect the earth's biodiversity by promoting ‘sustainable use’ (defined in Article 2) and by ensuring that its benefits are shared equitably between the developing and developed worlds. The Convention affirms the applicability of Principle 21 of the Stockholm Declaration to this context (Article 3) and provides for the State's responsibility under the Convention for activities under its control both within national jurisdiction and without (Article 4).

The Convention imposes obligations upon States in relation to in situ conservation (within a species' natural habitat) and ex situ conservation (Articles 8 and 9). The Convention requires Parties to promote the sustainable use of biological resources by, inter alia, integrating this objective into national decision-making, providing incentives, undertaking research and training, encouraging public education and requiring environmental impact assessments (Articles 10–14).

The Convention affirms the right of the host State to determine access to its biological resources (Article 15(1)) and creates a presumption rebuttable by the host State that access must be subject to that State's prior informed consent (Article 15(5)). It seeks to channel the benefits derived from the exploitation of biological resources to the State of origin by requiring the extracting Party to share the proceeds and results of research in a ‘fair and equitable way’, as appropriate, and on mutually agreed terms (Articles 15(7) and 19(2)). The Convention also provides for transfer of technology to developing countries, subject to existing patent and other intellectual property rights (Article 16).