BIODIVERSITY This book, Biodiversity: Law, Policy and Governance, which is a compilation of articles and papers, fittingly discusses, critiques, analyses as well as examines the widening gap in biodiversity governance. It deliberates on the problem, discerns the various forms of innovative governance adopted and provides an in-depth analysis of the judicial discourses as well as the management sys- tem. It scrutinizes the main issues that plague a coun- try that hopes to implement a method for securing a positive upshot by discussing the widening gap between the theoretical aspirations and the practical execution, where the obligations undertaken seldom transform from mere ink and paper. Justice A. K. Sikri, Judge, Supreme Court of India, New Delhi, India Conservation of biodiversity is a fundamental concern towards secur- ing a sustainable future. This volume argues that despite various domestic and international policies and legal frameworks on biodi- versity conservation – be it forest, wildlife, marine, coastal, etc. – their implementation suffers from many deficiencies. It explores the factors that hinder effective implementation of these policies and frameworks. It also analyses existing laws, both international and domestic, to iden- tify inherent problems in the existing legal system. The book maintains that careful adherence to established procedures and protocols, public awareness, filling the lacuna in legal framework, and a strong politi- cal will are sine qua non for effective conservation of biodiversity and sustainable development. The volume defends the protection of tradi- tional knowledge and participation of indigenous communities along with reinforcements of intellectual property in this regard. It also com- mends the role played by the Indian judiciary, especially the Supreme Court of India and India’s National Green Tribunal, for the preserva- tion and enhancement of natural resources by applying established as well as evolving principles of environmental law. This book will be useful to scholars and researchers of environmen- tal studies, development studies, policy studies and law related to bio- diversity and conservation. Usha Tandon is Professor and Head at Campus Law Centre, Univer- sity of Delhi, India. Mohan Parasaran is a senior advocate at the Supreme Court of India and was previously the Solicitor General of India and Additional Solic- itor General of India. Sidharth Luthra is a senior advocate at the Supreme Court of India and was earlier the Additional Solicitor General of India. BIODIVERSITY Law, Policy and Governance Edited by Usha Tandon, Mohan Parasaran and Sidharth Luthra First published 2018 by Routledge 2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN and by Routledge 711 Third Avenue, New York, NY 10017 Routledge is an imprint of the Taylor & Francis Group, an informa business © 2018 selection and editorial matter, Usha Tandon, Mohan Parasaran and Sidharth Luthra; individual chapters, the contributors The right of Usha Tandon, Mohan Parasaran and Sidharth Luthra to be identified as the authors of the editorial material, and of the authors for their individual chapters, has been asserted in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988. All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe. British Library Cataloguing-in-Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloging-in-Publication Data A catalog record for this book has been requested ISBN: 978-1-138-28819-5 (hbk) ISBN: 978-0-203-70406-6 (ebk) Typeset in Sabon by Apex CoVantage, LLC To, Our Childhood Feathered Friend Passer Domesticus (House Sparrow) Loss of Biodiversity has taken a severe toll on many aspects of Life in Delhi. In growing up days, a familiar sight was the House Sparrow. Despite being declared the State Bird in 2012, the sparrow is now nearly extinct in the Capital. This book is dedicated to the House Sparrow. CONTENTS Notes on contributors x Preface xiv Foreword xvi KLAUS BOSSELMANN Introduction 1 USHA TANDON, MOHAN PARASARAN AND SIDHARTH LUTHRA PART I Biodiversity conservation: issues and challenges 9 1 Sustainable wetlands and biodiversity conservation: Nigeria’s Lagos Lagoon in focus 11 ERIMMA GLORIA ORIE 2 Marine Spatial Planning as a key instrument for the sustainable use of marine resources: the case of Mauritius 36 MARIE VALERIE UPPIAH PART II Biodiversity governance and diplomacy 57 3 Biodiversity conservation and management in India, Brazil and South Africa: law, policy and diplomacy in the contemporary age 59 AMRENDRA KUMAR vii CONTENTS 4 Biodiversity conservation and management: the Ugandan experience 82 MOSES S-N WATULO PART III Convention on Biological Diversity, ABS and TRIPS Agreement 107 5 Implementing the Nagoya Protocol on access and benefit sharing in India 109 PUSHPA KUMAR LAKSHMANAN 6 Agreement on Trade-Related Aspects of Intellectual Property Rights versus Convention on Biological Diversity: a call for harmonization 131 VANDANA MAHALWAR PART IV Genetic engineering: problems and prospects 153 7 Genetically modified crops: neither poison nor panacea 155 PARIKSHET SIROHI PART V Judicial responses 179 8 Public Interest Litigation – an effective tool for biodiversity conservation: an Indian experience 181 MOHAN PARASARAN AND SIDHARTH LUTHRA 9 Assessing India’s Green Tribunal for conservation of biodiversity 200 USHA TANDON 10 Role of the Judiciary in biodiversity enforcement and compliance: comparison between the International Court of Justice and the Indian Judiciary 231 STELLINA JOLLY viii CONTENTS PART VI The way forward 257 11 Feminist dimension of biodiversity challenges 259 NIHARIKA BAHL 12 The possibility of Urgenda in India 282 SHREEYASH UDAY LALIT 13 The possibility of a Global Environmental Organization 308 NIRAJ KUMAR Table of cases 331 Index 337 ix