Thesis

International human rights law in the context of the convention on biological diversity's financial mechanism : the responsibility of the global environment facility's implementing agencies to respect, protect and fulfil human rights in biodiversity-related financial assistance

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Awarding institution
  • University of Strathclyde
Date of award
  • 2024
Thesis identifier
  • T17064
Person Identifier (Local)
  • 201878896
Qualification Level
Qualification Name
Department, School or Faculty
Abstract
  • Despite decades of development assistance in support of the conservation of biological diversity, the rate of decline in biodiversity keeps accelerating. The international architecture for the delivery of biodiversity-related Official Development Assistance (ODA) does not provide for the systematic integration of human rights into biodiversity-related development projects and programmes. Yet, the interdependence between the protection of human rights and the protection of the environment that was recently recognised by the United Nations General Assembly (UNGA) in the form of a human right to a clean, healthy and sustainable environment means that development assistance must address these issues jointly to achieve effective results. This thesis explores how a mutually supportive interpretation of International Biodiversity Law and International Human Rights Law (IHRL) addresses some of the key challenges to the effectiveness of the Convention on Biological Diversity (CBD)’s financial mechanism. It makes the argument that IHRL plays an intrinsic role in strengthening the effectiveness of the financial mechanism. In particular, it contends that the progressive cross-fertilisation between the biodiversity regime and IHRL in CBD Conference of the Parties (COP) decisions extends to the financial mechanism with several legal consequences. First, the Global Environment Facility (GEF), as the CBD’s financial mechanism, must comply with CBD guidance on human rights. Second, the implementing agencies that make up the GEF partnership have a responsibility to respect, protect and fulfil human rights in the design, implementation, monitoring and evaluation of biodiversity-related projects. Third, to comply with the commitment of CBD Parties to apply a human rights-based approach to the implementation of the Kunming-Montreal Global Biodiversity Framework (GBF), GEF normative instruments should be reviewed to ensure a close alignment with CBD COP guidance and IHRL.
Advisor / supervisor
  • Sindico, Francesco
  • Morgera, Elisa
Resource Type
DOI

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