Study On The Internalization Of The Convention On Biological Diversity

The Convention on Biological Diversity(CBD),with 196 Parties,is an international environmental convention with the objectives of protecting biological diversity,sustainable use of biological resources and equitable and rational sharing of benefits from genetic resources.As one of the first countries to sign and ratify the Convention on Biological Diversity,China has taken the initiative to fulfill its obligations under the Convention since its accession.As a state party to the Convention on Biological Diversity,on the international level,China should fulfill the obligations of the Convention,undertake the national law responsibility for protecting biological diversity,and implement the provisions of the Convention.At the domestic level,biodiversity protection is an important part of China’s construction of an ecological civilization country.China has made biodiversity protection a national strategy,which requires the establishment of a legal system for biodiversity protection and the continuous application of the convention.Firstly,the internal law of the Convention on Biological Diversity needs to clear the relevant provisions of the international convention and the mode of application to the convention.Since there is no clear idea that the convention can be applied directly,it belongs to the mixed mode of direct and indirect application.Convention on Biological Diversity is a framework document,so the performance mechanism is not compulsory.Therefore,the requirements of implementing the convention must be transformed into domestic law.While the principles of convention in China can be directly quoted or indirectly transformed into the principles of departmental law.Secondly,it is necessary to comb the legal system of biodiversity protection in China.With the change of ecological concepts and the constant transfer of ecological contradictions,the Convention on Biological Diversity has been continuously convened through the Conference of the Parties to determine new topics,establish a new development framework and objectives.According to the new development direction of the convention,in combination with the situation and realistic needs of China,we should establish and improve the legal system of biodiversity protection.We should proceed from the perspective of transforming into the constitution and transforming into law,through the entry of biodiversity protection into the constitution and setting up the legislation of comprehensive biodiversity protection,improving the wildlife protection,the natural protection area protection and the biosecurity protection.Continue to expand the scope of the Convention’s internalization.Finally,the judicial practice has been reflecting the determination to carry out commitments and protect our biodiversity.Although the convention does not serve as the basis of judgment,it is sufficient to prove the judicial importance to the convention.The Supreme Court and the Supreme procuratorate issued guiding cases to convey the legal idea and the practice experience of biodiversity protection to the world,which provided the standard for the future trial of biological diversity cases in China.However,compared with other types of cases,the number of biodiversity cases is too small,the judicial protection experience is insufficient,and the judicial protection is not strong.In this regard,the judicial protection of biodiversity should be developed in the following three aspects,so as to adapt it to the requirements of the Convention.That is to improve the relevant system of preventive environmental protection public interest litigation,reflect the concept of restorative justice in the post-relief,and urge and guarantee the effective execution of judicial decisions in biodiversity cases.