Study On The Implementation Mechanism Of The Convention On Biological Diversity

At present,the sharp decline in biodiversity is one of the major challenges shared by all countries in the world.The Convention on Biological Diversity(hereinafter referred to as the Convention)is an important international legal instrument that regulates the relationship between sovereign states and other entities with international personality in the field of biodiversity conservation and use.An international convention must be effectively implemented in order to play its proper role.Therefore,strengthening the implementation of the Convention is an urgent issue in global governance of biodiversity,and promoting the construction of a compliance mechanism is an important issue in strengthening implementation,which has attracted great attention of the international community.It is necessary to study the existing implementation mechanism of the Convention and the compliance status of the Parties,and to explore the problems in the procedural setting and operation of the compliance mechanism.A review of the background,process,key elements and status of implementation of the Convention’s compliance mechanism reveals that the mechanism was established with clear practical significance,with a relatively complete review process and a clear implementation body.However,the implementation of the Convention has not been effective in halting or reversing the continuous decline of biodiversity,and only a few of the targets set under the Convention are expected to be achieved or have shown positive progress,while most of the targets have made limited progress or are even off-target.Through a comparative analysis of the Convention and other multilateral environmental treaties,three functions of the mechanism can be identified--preventing risks,monitoring and promoting good faith implementation by parties,and enhancing the ability of parties to comply.The main difficulties faced in the operation of the implementation mechanism include the lack of independence and professionalism of the implementation body,the lack of a transparency system,the limited mandatory nature of the mechanism,and the financial mechanism that hinders the achievement of compliance goals.An analysis of the implementation path of the mechanism will not only provide a comprehensive and in-depth understanding of the content and operation of the implementation mechanism,but will also indicate the future direction of the Convention’s implementation mechanism,starting with the establishment of a dedicated implementation body for the implementation mechanism;followed by a comprehensive and balanced promotion of a transparent system for the review mechanism;in terms of implementation,an appropriate non-compliance mechanism for States Parties;and finally,a new dedicated financial mechanism to further enhance the capacity building of States Parties.Given the international influence,China has a important role to play in the conservation of global biodiversity,not least through its participation in and implementation of the Convention on Biological Diversity.China’s role in the implementation of the Convention has evolved from "follower-key player-active contributor".As the host country of COP15,China should continue to play a major role,strengthen its compliance capacity,actively participate in the negotiations on the Convention’s implementation mechanism,and enhance its ability to set the international agenda in order to demonstrate its image as a major power.The development of the implementation mechanism should be seen as a "window of opportunity" to enhance its international voice and influence and lead the development of global biodiversity conservation.