"Preamble •

The Contracting Parties,

Conscious of the intrinsic value of biological diversity and of the
ecological, genetic, social, economic, scientific, educational, cultural, recreational and aesthetic values of biological diversity and its components.

Conscious also of the importance of biological diversity for
evolution and for maintaining life sustaining systems of the biosphere,

Affirming that the conservation of biological diversity is a common
concern of humankind,

Reaffirming that States have sovereign rights over their own
biological resources.

Reaffirming also that States are responsible for conserving their
biological diversity and for using their biological resources in a
sustainable manner,

Concerned that biological diversity is being significantly reduced
by certain human activities.

Aware of the general lack of information and knowledge regarding
biological diversity and of the urgent need to develop scientific,
technical and institutional capacities to provide the basic understanding upon which to plan and implement appropriate measures,

Noting that it is vital to anticipate, prevent and attack the causes
of significant reduction or loss of biological diversity at source,

Noting also that where there is a threat of significant reduction or
loss of biological diversity, lack of full scientific certainty should
not be used as a reason for postponing measures to avoid or minimize such a threat.

Noting further that the fundamental requirement for the
conservation of biological diversity is the in-situ conservation of
ecosystems and natural habitats and the maintenance and recovery of
viable populations of species in their natural surroundings,
Noting further that ex-situ measures, preferably in the country of
origin, also have an important role to play,

Recognizing the close and traditional dependence of many indigenous
and local communities embodying traditional lifestyles on biological
resources, and the desirability of sharing equitably benefits arising
from the use of traditional knowledge, innovations and practices relevant to the conservation of biological diversity and the sustainable use of its components,

Recognizing ai so the vital role that women play in the conservation
and sustainable use of biological diversity and affirming the neea for
the full participation of women at all levels of policy-making and
implementation for biological diversity conservation,

Stressing the importance of, and the need to promote, international,
regional and global cooperation among States and intergovernmental
organizations and the non-governmental sector for the conservation of
biological diversity and the sustainable use of its components,

Acknowledging that the provision of new and additional financial
resources and appropriate access to relevant technologies can be expected to make a substantial difference in the world's ability to address the loss of biological diversity,

Acknowledging further that special provision is required to meet
the needs of developing countries, including the provision of new and
additional financial resources and appropriate access to relevant
technologies,

Noting in this regard the special conditions of the least developed
countries and small island States,

Acknowledging that substantial investments are required to conserve
biological diversity and that there is the expectation of a broad range
of environmental, economic and social benefits from those investments,
Recognizing that economic and social development and poverty eradication are the first and overriding priorities of developing
countries,

Aware that conservation and sustainable use of biological diversity
is of critical importance for meeting the food, health and other needs of the growing world population, for which purpose access to and sharing of both genetic resources and technologies are essential,

Noting that, ultimately, the conservation and sustainable use of
biological diversity will strengthen friendly relations among States and contribute to peace for humankind,

Desiring to enhance and complement existing international
arrangements for the conservation of biological diversity and sustainable use of its components, and

Determined to conserve and sustainably use biological diversity for
the benefit of present and future generations. (...)"
https://www.cbd.int/doc/legal/cbd-en.pdf




"A preamble is an introductory and expressionary statement in a document that explains the document's purpose and underlying philosophy. When applied to the opening paragraphs of a statute, it may recite historical facts pertinent to the subject of the statute. It is distinct from the long title or enacting formula of a law."
https://en.wikipedia.org/wiki/Preamble




"Legal effect[edit]

While preambles may be regarded as unimportant introductory matter, their words may have effects that may not have been foreseen by their drafters.

In Canada, the preamble to the Constitution Act, 1867 was cited by the Supreme Court of Canada in the Provincial Judges Reference, to increase guarantees to judicial independence. In India, the Supreme Court frequently rules unconstitutional amendments which violate the Basic Structure of the Constitution, especially its Preamble. The Bosnian Constitutional Court, particularly citing the case law of the Supreme Court of Canada, also declared that the provisions of the preamble of the Bosnian Constitution are invested with a normative force thereby serving as a sound standard of judicial review for the Constitutional Court.[3]

Due to concern over its potential effects, the draft preamble of the proposed European Constitution, in 2002, caused much controversy because of the possible inclusion of a reference to the Christian heritage of Europe. Likewise, in Australia in 1999, a referendum on whether to adopt a new preamble was accompanied by a promise that the preamble, if adopted, could not be enforceable by the courts, as some were concerned with how the preamble could be interpreted and applied.[4]"
https://en.wikipedia.org/wiki/Preamble

Last edited by Denglisch; 11/22/16 04:34 PM.