• Importance of in-situ conservation by States applying inter alia Environmental
Impact Assessments (Article 8 and 14 CBD)
• Sharing of benefits derived from the exploitation of genetic resources
72
An Environmental Impact Assessment would be an appropriate tool to minimize
the effects on soils. However, it is not required by the UNCCD. The UNCCD has
until today not included the obligation to apply a precautionary approach. Such an
approach would certainly be a helpful tool to implement an efficient soil management and to achieve Land Degradation Neutrality. The requirement of sharing of
benefits is however not relevant for sustainable soil management. Whereas the
generic information in the case of the CBD has an economic value beyond its
local availability and functionality this is different to soils because the economic
value of soils is in principle bound to the use of the soil itself.
73
The pilot country projects on voluntary target setting for LDN established by
UNCCD
74 is an expression of the main characteristics mentioned above. It emphasizes the national sovereignty and the different responsibilities of states, is based on
financial cooperation, stresses the need of additional information and is actually
implemented at national level.
The conceptual approach of these two treaties is to define a general objective—
conservation of biodiversity, combatting desertification—and to put in place
methods of international cooperation. The specific measures to achieve these ends
are to be determined by national legislation. It is actually to the discretion of states
how ambitiously the general obligations of the CBD and the UNCCD are
implemented nationally.
Thus, the concrete outcome for soils and for the maintenance, strengthening or
rehabilitation of ecological services of soil (¼the regulatory impact of the existing
international provisions) is not clear as there are no soil specific obligations set by the
UNCCD and the CBD which have to be complied with by states.
4.2.2 Coordination Treaty
Another option of future international soil governance would be a “coordination
treaty”.
75 The fundamental aim of such a treaty would be to coordinate the existing
regimes with regard to their soil related objectives, principle, instruments, mechanisms and procedures. The objective would be to provide for a better interaction of
the existing regimes by coordinating the actions of the international organizations as
well as the obligations of the Contracting Parties.
76
72 Text of the respective protocol under: https://www.cbd.int/abs/doc/protocol/nagoya-protocol-en.
pdf.
73 Ginzky (2017), p. 442.
74 Minelli et al. (2016), pp. 87–88.
75 Eikermann (2017), p. 428.
76 Eikermann (2017), pp. 428–429.
48
H. Ginzky
Impact Assessments (Article 8 and 14 CBD)
• Sharing of benefits derived from the exploitation of genetic resources
72
An Environmental Impact Assessment would be an appropriate tool to minimize
the effects on soils. However, it is not required by the UNCCD. The UNCCD has
until today not included the obligation to apply a precautionary approach. Such an
approach would certainly be a helpful tool to implement an efficient soil management and to achieve Land Degradation Neutrality. The requirement of sharing of
benefits is however not relevant for sustainable soil management. Whereas the
generic information in the case of the CBD has an economic value beyond its
local availability and functionality this is different to soils because the economic
value of soils is in principle bound to the use of the soil itself.
73
The pilot country projects on voluntary target setting for LDN established by
UNCCD
74 is an expression of the main characteristics mentioned above. It emphasizes the national sovereignty and the different responsibilities of states, is based on
financial cooperation, stresses the need of additional information and is actually
implemented at national level.
The conceptual approach of these two treaties is to define a general objective—
conservation of biodiversity, combatting desertification—and to put in place
methods of international cooperation. The specific measures to achieve these ends
are to be determined by national legislation. It is actually to the discretion of states
how ambitiously the general obligations of the CBD and the UNCCD are
implemented nationally.
Thus, the concrete outcome for soils and for the maintenance, strengthening or
rehabilitation of ecological services of soil (¼the regulatory impact of the existing
international provisions) is not clear as there are no soil specific obligations set by the
UNCCD and the CBD which have to be complied with by states.
4.2.2 Coordination Treaty
Another option of future international soil governance would be a “coordination
treaty”.
75 The fundamental aim of such a treaty would be to coordinate the existing
regimes with regard to their soil related objectives, principle, instruments, mechanisms and procedures. The objective would be to provide for a better interaction of
the existing regimes by coordinating the actions of the international organizations as
well as the obligations of the Contracting Parties.
76
72 Text of the respective protocol under: https://www.cbd.int/abs/doc/protocol/nagoya-protocol-en.
pdf.
73 Ginzky (2017), p. 442.
74 Minelli et al. (2016), pp. 87–88.
75 Eikermann (2017), p. 428.
76 Eikermann (2017), pp. 428–429.
48
H. Ginzky