G. Kristin Rosendal

Overlapping International Regimes The Case of the Intergovernmental Forum on Forests (IFF) between Climate Change and Biodiversity

A great number of organisations and actors are participating in a plethora of international and regional fora geared towards the forest issue. Are there inherent traits about how these fora interact that can increase understanding about why the forest issue seems largely to be at a standstill? In this article I focus on the final meeting of the Intergovernmental Forum on Forests (IFF-4) and examine the overlap with the Convention on Biological Diversity (CBD) and the overlap with the Climate Change Convention (UNFCCC). How have the overlaps between these international fora been dealt with and why has one led to linkages while the other has not?

Balancing Access and Benefit Sharing and Legal Protection of Innovations From Bioprospecting: Impacts on Conservation of Biodiversity

Biodiversity conservation, access and benefit sharing (ABS), and protection of intellectual property rights (IPR) linked to biotechnologies are all internationally agreed—but not necessarily compatible—objectives. The Convention on Biological Diversity aims for a balance between the needs and interests of owners of genetic resources and technology owners. Can current proposals for handling existing IPR legislation, such as disclosure of origin and certificates of legal provenance, contribute to finding a balance between the interests? Will the growing concern for legitimacy in international transactions with genetic resources be helpful to countries providing genetic resources for technological innovation or are the benefits too few? The article concludes that the success of establishing a multilateral system for access and benefit sharing still depends on compatible legislation in user and provider countries to counterbalance strengthened patent protection systems worldwide. Moreover, it is necessary to overcome the old schism between wildlife conservation and access issues in agricultural biodiversity to boost overall implementation efforts.

GMO assessment in Norway: societal utility and sustainable development

The controversy surrounding genetically modified organisms (GMOs) has been a highly politicized issue in Europe. While opponents of GM crops maintain that scientific risk assessments are not sufficient to address potential long‐term hazards for health or the environment, proponents have criticized the current regulatory framework for being influenced by political and other non‐scientific interests. In this regard, it is interesting to compare the situation in Norway, which is linked to, but not bound by European Union (EU) law and which places a comparatively strict regulatory burden on GMOs. Here, we briefly present our assessment of applications to market GMOs in Norway, and how they fulfil the criteria of sustainable development and societal utility that are required by the Norwegian Gene Technology Act. The Norwegian Directorate for Nature Management in Trondheim requested the study (Myhr & Rosendal, 2009), but the results have implications beyond Norway as other countries are also exploring ways to integrate socio‐economic considerations into the national regulation of GMOs. After an initially liberal approach to GMO technology, Norwegian civil society, including farmers’ organizations, has become largely opposed to such organisms and the regulatory approach in Norway now places more emphasis on environmental, health and societal concerns. In fact, the legislation covering GMOs …

The forest issue in post-UNCED international negotiations: conflicting interests and fora for reconciliation

The article is concerned with the international deliberations for a follow-up mechanism of the UNCED Statement of Forest Principles. The forest issue is complicated by the different scientific approaches to the deforestation problem, as represented by climate change and biodiversity respectively. From the former perspective, reforestation may seem an adequate remedy to solve the problem, while from the latter, biodiversity, much more weight must be put on conservation and sustainable utilization. An additional complication is presented by the political divide between developing and industrialized countries concerning the approach to the problem of deforestation. The focus of the article is on the current three main international arenas in which the issue is being discussed: (i) addressing the forest issue within the framework of the Convention on Biological Diversity, (ii) enlarging the scope of the International Agreement on Tropical Timber (ITTA) to include all types of forests, and (iii) pursuing the forest issue in a World Commission on Forests and Sustainable Development. The feasibility of achieving agreement and effective implementation within the framework of the various options is the focal point of the discussion.

The politics of patent legislation in biotechnology: an international view

The realization of the economic value of the genetic resources has prompted an international debate about property rights to genetic resources. The international debate pertaining to patenting of genetic material is the main theme of this chapter. As a backdrop for the international debate, the chapter starts out with a summary of the main events and arguments in the expanding scope of patent legislation in biotechnological inventions. Summing up, the new biotechnologies represent a tool which meets the legal requirements for patenting biological material. From the industrys point of view, biotechnology also necessitates patenting. On the negative side, defending a patent is often a long and costly business, and the trend is that patenting will mainly benefit the bigger and stronger companies and thus weaken public control over the rapid developments in biotechnology. A central argument in the chapter is that without sophisticated biotechnological tools, trained scientists, and adequate infrastructure, patenting is, as yet, hardly a viable solution for the majority of developing countries. Gene-rich developing countries fear that developments in patent legislation will pave the way for increased Northern control over Third World natural resources. The International Convention on Biological Diversity goes some way in making amends to this situation, but the gene-poor, least developed countries may still have reason to fear that they will lose access to breeding material. In a long-term perspective, the implications may be detrimental for resource conservation in developing countries. In conclusion, the patent question seems to remain unresolved and may still be one of the most likely stumbling blocks for future ratifications and implementation of the Biodiversity Convention.

New developments in biotechnology and IPR in aquaculture : are they sustainable?

The objective of this chapter is to give an overview and analysis of the current trends and developments in biotechnology in aquaculture research and management. The technological developments along with structural changes in the aquaculture sector may affect access and intellectual property rights (IPR) regimes. These issues will be discussed in a wide perspective involving both short and long-term biological effects, ethical and other social aspects (economic, legal and political issues), including their partly inherent contradictions needing compromising for sustainable development. The chapter will focus on current biological challenges within aquaculture as a growing food production sector, with less emphasis on external effects such as environmental effects. Cases from farmed salmon and cod in Norway in addition to shrimp and tilapia in Asia will be highlighted.

Safeguards, Standards, and the Science-Policy Interfaces of REDD+: Greening Land Use Through Forest-Based Mitigation in Costa Rica?:

This article looks at the evolving concept of “Green Economy” and its potential synergies and trade-offs with biodiversity governance and land use management. By analyzing the accelerating debate and institutionalization of forest-based mitigation projects that are inclined to market-based funding in developing countries through Reducing Emissions from Deforestation and Forest Degradation and the role of conservation, sustainable management of forests, and enhancement of forest carbon stocks in developing countries (REDD+), this study aims to critically engage with the promises of a Green Economy that have been purported internationally. We empirically analyze the global development of REDD+ safeguards and standards with a special focus on the role of science–policy interfaces and monitoring, reporting, and verification. These outlines are projected to the exemplary case of Costa Rica, a front-runner in developing land use approaches with a strong reputation for conservation and sustainable forestry.

Adjusting Norwegian agricultural policy to the WTO through multifunctionality: Utilizing the environmental potential?

This article deals broadly with the receptiveness of domestic institutions to international regimes, applying an organizational theoretical approach. More specifically, the aim is to explore how international obligations emanating from multilateral agreements on environment and trade affect Norwegian agricultural policy. Multifunctionality has been portrayed as an adept way of adjusting agricultural policy to the World Trade Organization by tapping into the environmental potential. However, closer scrutiny disclosed that this potential for environmental improvements has hardly been utilized. Partly accounting for this situation is the relatively weak role of the Ministry of the Environment in policy-making compared to the highly institutionalized domestic interest groups associated with agriculture. The organizational field of agriculture has remained very strong, and hardly subject to normative persuasion from relatively weak international environmental regimes. Moreover, while Norwegian environmental non-governmental organizations do have the potential to affect policies, there is very little evidence of pressure for utilizing the environmental potential of multifunctionality. This study points out the strong alliance between rural and environmental grassroots organizations in Norway, with more harmonious relations than those at the ministerial level.

Prospects for Implementation

At the time of writing, seven years have passed since the conclusion of the CBD in Rio. This is not a long time in terms of studying implementation success or failure, and it is probably premature to expect solid conclusions either way. Moreover, the lack of explicit implementation standards makes it difficult to give a complete and coherent picture. As a result, the methodology applied to data collection in Chapter 6 is relatively weak, or at least it is less guided by the analytical framework than the other parts of this study. The time-frame allows for some speculations only. With these shortcomings in mind, I still deem it possible and interesting to investigate some of the trends in the aftermath of the conclusion of the CBD. I will look at some of the implementation activities that have taken place, and discuss whether there are trends supporting or negating my conclusions in Chapter 5. The focus will be on two items which, I shall argue, are central to the implementation process.

Regulating the invisible: interaction between the EU and Norway in managing nano-risks

Over the last decade, the need for governance of human health and environmental safety risks of nanotechnology (NT) has received increased attention at international, national and EU levels. There were early calls for increased funding of independent research, risk analysis and voluntary or mandatory regulation, but currently overall regulatory efforts have not materialised. One possible explanation is that research has revealed little need to regulate environmental and health safety risks of NT. Alternatively, there is a gap between politics and governance and the evolving state of knowledge. Such a gap can be caused by various factors including change in interests, saliency and organisation. Organisational challenges related to the science–policy interface at national, international and the EU can affect how new knowledge is channelled into decision-making processes. Decrease in public saliency is another possibility. Finally, opposition to regulation among affected producers may have increased and in turn stalled regulation through lobbying. The two explanations are analysed in a multi-level governance context. Norway is chosen as an interesting case: Highly profiled as a frontrunner i.a. in regulating gene technology, but currently awaiting regulations in the EU due to the European Economic Area agreement.