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Joined: Sep 2013
Posts: 9,874
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Master Elite Member
"All UN member states—with the exception of the United States—have ratified the treaty"
https://en.wikipedia.org/wiki/Convention_on_Biological_Diversity

This means that the legitimization of the international representation through this UN body is overwhelming.


Treaty text: Convention on biological diversity
https://www.cbd.int/doc/legal/cbd-en.pdf


"(...)
1.1 MANDATE
At the tenth meeting of the Conference of the Parties (COP-10) to the Convention on Biological Diversity (CBD), Parties adopted a decision on climate-related geoengineering (2) and its impacts on the achievement of the objectives of the CBD as part of its decision on biodiversity and climate change.

Specifically, in paragraph 8 of decision X/33, the Conference of the Parties:
Invite[d] Parties and other Governments, according to national circumstances and priorities, as well as relevant organizations and processes, to consider the guidance below on ways to conserve, sustainably use and restore biodiversity and ecosystem services while contributing to climate change mitigation and adaptation to (….)

(w) Ensure, in line and consistent with decision IX/16 C, on ocean fertilization and biodiversity and climate change, in the absence of science based, global, transparent and effective control and regulatory mechanisms for geo-engineering, and in accordance with the precautionary approach and Article 14 of the Convention, that no climate-related geo-engineering activities(3) that may affect biodiversity take place, until there is an adequate scientific basis on which to justify such activities and appropriate consideration of the associated risks for the environment and biodiversity and associated social, economic and cultural impacts, with the exception of small scale scientific research studies that would be conducted in a controlled setting in accordance with Article 3 of the Convention, and only if they are justified by the need to gather specific scientific data and are subject to a thorough prior assessment of the potential impacts on the environment;

(x) Make sure that ocean fertilization activities are addressed in accordance with decision IX/16 C, acknowledging the work of the London Convention/London Protocol.”

Further, in paragraph 9 of the same decision, the Conference of the Parties:

Request[ed] the Executive Secretary to:
(l) Compile and synthesize available scientific information, and views and experiences of indigenous and local communities and other stakeholders, on the possible impacts of geo-engineering techniques on biodiversity and associated social, economic and cultural considerations, and options on definitions and understandings of climate-related geo-engineering relevant to the Convention on Biological Diversity and make it available for consideration at a meeting of the Subsidiary Body on Scientific, Technical and Technological Advice (SBSTTA) prior to the eleventh meeting of the Conference of the Parties; and

(m) Taking into account the possible need for science based global, transparent and effective control and regulatory mechanisms, subject to the availability of financial resources, undertake a study on gaps in such existing mechanisms for climate-related geo-engineering relevant to the Convention on Biological Diversity, bearing in mind that such mechanisms may not be best placed under the Convention on Biological Diversity, for consideration by SBSTTA prior to a future meeting of the Conference of the Parties and to communicate the results to relevant organizations."
CBD Technical Series No. 66
Geoengineering in Relation to the
Convention on Biological Diversity:
Technical and Regulatory Matters
Part I.
Impacts of Climate-Related
Geoengineering on Biological Diversity
September 2012
https://www.cbd.int/doc/publications/cbd-ts-66-en.pdf page 15

"Accordingly, this report has been prepared by a group of experts(4) and the CBD Secretariat following discussions of a liaison group convened thanks to financial support from the Government of the United Kingdom of Great Britain and Northern Ireland, and the Government of Norway. The report compiles and synthesizes available scientific information on the possible impacts of geoengineering techniques on biodiversity, including preliminary information on associated social, economic and cultural considerations. Related legal and regulatory matters are treated in a separate study (see Part II of this volume). In addition, a complementary consultation process was carried out by the CBD to seek the views of indigenous and local communities on the possible impacts of geoengineering techniques on biodiversity and associated social, economic and cultural considerations.

The study on the impacts of climate-related geoengineering on biodiversity and on the regulatory framework for geoengineering were presented to the sixteenth meeting of the Subsidiary Body on Scientific, Technical and Technological Advice (in documents UNEP/CBD/SBSTTA/16/INF/28 and UNEP/CBD/SBSTTA/16/INF/29, respectively). The present volume comprises the edited versions of these studies. After being presented to SBSTTA, a limited number of additional references have been reviewed; these are identified in the footnotes. In addition, supplementary information on definitions of climate related geoengineering is provided in Annex II of Part I of this volume, as well as in Information Note UNEP/CBD/COP/11/INF/26, prepared for the eleventh meeting of the Conference of the Parties."
CBD Technical Series No. 66
Geoengineering in Relation to the
Convention on Biological Diversity:
Technical and Regulatory Matters
Part I.
Impacts of Climate-Related
Geoengineering on Biological Diversity
September 2012
https://www.cbd.int/doc/publications/cbd-ts-66-en.pdf page 16





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Last edited by Denglisch; 11/24/16 08:14 AM.
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"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.
Joined: Sep 2013
Posts: 9,874
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Master Elite Member
"Climate change is increasingly becoming an important driver of biodiversity loss and degradation of ecosystem services.

(...)

While the amount of literature on geoengineering in recent years has greatly increased, relatively little information directly analyses the potential impacts on biodiversity. CBD Technical Series no. 66 and the present report both contribute greatly to increasing knowledge and awareness of the links between geoengineering and biodiversity and lend support to decision-making. (...)"
Braulio Ferreira de Souza Dias
Executive Secretary
Convention on Biological Diversity
in: CBD Technical Series No. 84
Update on Climate Geoengineering
in Relation to the Convention on
Biological Diversity: Potential
Impacts and Regulatory Framework
October 2016
https://www.cbd.int/doc/publications/cbd-ts-84-en.pdf page 3

Last edited by Denglisch; 11/23/16 04:15 PM.
Joined: Sep 2013
Posts: 9,874
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Master Elite Member
"Human-driven climate change is becoming an increasingly important cause
of biodiversity loss and degradation of ecosystem services. (...)"
CBD Technical Series No. 66
Geoengineering in Relation to the
Convention on Biological Diversity:
Technical and Regulatory Matters
Part I.
Impacts of Climate-Related
Geoengineering on Biological Diversity
https://www.cbd.int/doc/publications/cbd-ts-66-en.pdf page 4
Braulio Ferreira de Souza Dias
Executive Secretary
Convention on Biological Diversity
September 2012

Last edited by Denglisch; 11/23/16 03:48 PM.
Joined: Sep 2013
Posts: 9,874
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Master Elite Member
" (...)
(w)Ensure, in line and consistent with decision IX/16 C, on ocean fertilization and biodiversity and climate change, in the absence of science based, global, transparent and effective control and regulatory mechanisms for geo-engineering, and in accordance with the precautionary approach ( http://globalskywatch.com/chemtrails/ubbthreads.php?ubb=showflat&Number=17984#Post17984 , Denglisch)and Article 14 of the Convention, that no climate-related geo-engineering activities(76) that may affect biodiversity take place, until there is an adequate scientific basis on which to justify such activities and appropriate consideration of the associated risks for the environment and biodiversity and associated social, economic and cultural impacts, with the exception of small scale scientific research studies that would be conducted in a controlled setting in accordance with Article 3 of the Convention, and only if they are justified by the need to gather specific scientific data and are subject to a thorough prior assessment of the potential impacts on the environment; (...)"

Note 76: "Without prejudice to future deliberations on the definition of geo-engineering activities, understanding that any technologies that deliberately reduce solar insolation or increase carbon sequestration from the atmosphere on a large scale that may affect biodiversity (excluding carbon capture and storage from fossil fuels when it captures carbon dioxide before it is released into the atmosphere) should be considered as forms of geo-engineering which are relevant to the Convention on Biological Diversity until a more precise definition can be developed. It is noted that solar insolation is defined as a measure of solar radiation energy received on a given surface area in a given hour and that carbon sequestration is defined as the process of increasing the carbon content of a reservoir/pool other than the atmosphere."
https://www.cbd.int/decision/cop/?id=12299


"Article 3. Principle

States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction."
https://www.cbd.int/convention/articles/default.shtml?a=cbd-03

Attachments
1479837005392.png
Attached PDF document
cop-10-dec-33-en.pdf (125.33 KB, 1049 downloads)
Last edited by Denglisch; 11/23/16 04:53 PM.
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Master Elite Member
" (...)
1.2 CONTEXT FOR THE CONSIDERATION OF POTENTIAL IMPACTS OF GEOENGINEERING ON BIODIVERSITY

Biodiversity, ecosystems and their services (provisioning, regulating, cultural and supporting) are critical to human well-being. They are being directly and adversely affected by habitat conversion, over exploitation, invasive species, pollution and climate change. These in turn are driven by demographic, economic, technological, socio-political and cultural changes (Figure 1.1). Protection of biodiversity and ecosystems means that we urgently need to address the direct drivers of change, as well as giving further consideration to indirect drivers.

Climate change is becoming increasingly important as a driver of biodiversity loss and the degradation of ecosystems and their services. It is best addressed by a rapid and major reduction in global greenhouse-gas emissions, requiring a transition to a low-carbon economy through changes in how energy is produced and used, and in the way the environment is managed. However, international commitment is currently lacking to reduce future greenhousegas emissions at the scale required, with two main consequences. First, serious and possibly irreversible climate disruption is now much more likely within the next 50–100 years;(5,6) second, to potentially avoid that outcome, increasing attention has been recently given to a range of climate geoengineering techniques, as a different, and as yet unproven, strategy. The early motivation for exploring such concepts was, at least partly, that they might offer an alternative to strong emission reductions; however, geoengineering is now primarily considered by its proponents as an additional action, complementing other efforts to limit the magnitude of human-induced climate change.

Assessment of the impact of geoengineering techniques on biodiversity the mandate for this report—requires an evaluation of their potential for both positive and negative effects, in the context of climate changes that are already occurring and their projected trajectories. Future climate conditions will be largely determined by future anthropogenic greenhouse-gas emissions, in turn largely determined by future mitigation policies agreed at the global level. Since global greenhouse-gas emissions are currently continuing to increase at a rapid rate, the main comparisons made here are in relation to a 2–3 fold increase in atmospheric greenhouse gas concentrations compared to pre-industrial levels, with associated projected increases in average global surface temperature of "
CBD Technical Series No. 66
Geoengineering in Relation to the
Convention on Biological Diversity:
Technical and Regulatory Matters
Part I.
Impacts of Climate-Related
Geoengineering on Biological Diversity
September 2012
https://www.cbd.int/doc/publications/cbd-ts-66-en.pdf page 16



"around 3°C–5°C by 2100. The consequences for biodiversity of such climate change scenarios are summarised in Chapter 3 of this report. Other climate projections, based on other emission pathways, are also possible.

The scale and nature of potential geoengineering impacts on biodiversity will necessarily depend on the ‘baseline’ comparison made. Such impacts will also closely depend on the effectiveness, feasibility and implementation scenario for the specific techniques under consideration. The timing of deployment may also be important. Thus the impacts for a potentially rapid-acting geoengineering technique might vary according to whether it is deployed in the near future, i.e. under ‘present day’ climatic conditions, or in (say) 50 or 100 years time, and whether deployment is made slowly or rapidly.

The CBD generic guidance on impact assessment, discussed below, provided a wider framework for this study."
CBD Technical Series No. 66
Geoengineering in Relation to the
Convention on Biological Diversity:
Technical and Regulatory Matters
Part I.
Impacts of Climate-Related
Geoengineering on Biological Diversity
September 2012
https://www.cbd.int/doc/publications/cbd-ts-66-en.pdf page 17

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Last edited by Denglisch; 11/23/16 03:51 PM.
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"Principle 15
In order to protect the environment, the precautionary approach ( http://globalskywatch.com/chemtrails/ubbthreads.php?ubb=showflat&Number=17984#Post17984 , Denglisch) shall be widely applied by States according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation."
http://www.jus.uio.no/lm/environmental.development.rio.declaration.1992/portrait.a4.pdf page 3f


Legal Binding of "the precautionary approach" through "Decisions" within die UN body of the "Convention on Biodiversity":
http://globalskywatch.com/chemtrails/ubbthreads.php?ubb=showflat&Number=17974#Post17974


Legal value of a "declaration":
https://treaties.un.org/pages/overview.aspx?path=overview/glossary/page1_en.xml#declarations


Legal value of the term "declaration" in the Rio Declaration:
" (...) However, declarations are not always legally binding. The term is often deliberately chosen to indicate that the parties do not intend to create binding obligations but merely want to declare certain aspirations. An example is the 1992 Rio Declaration."
https://treaties.un.org/pages/overview.aspx?path=overview/glossary/page1_en.xml#declarations

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1479921322895.png 1479920933428.png
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Last edited by Denglisch; 11/24/16 02:43 PM.
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The political function of "The precautionary approach":


How to Determine the Scientific Consensus on Global Warming
https://www.scientificamerican.com/...-scientific-consensus-on-global-warming/

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"The precautionary approach contained in Principle 15 of the Rio Declaration on Environment and Development is an approach to uncertainty, and provides for action to avoid serious or irreversible environmental harm in advance of scientific certainty of such harm."
CBD Technical Series No. 66
Geoengineering in Relation to the
Convention on Biological Diversity:
Technical and Regulatory Matters
Part I.
Impacts of Climate-Related
Geoengineering on Biological Diversity
September 2012
https://www.cbd.int/doc/publications/cbd-ts-66-en.pdf page 18

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Last edited by Denglisch; 11/24/16 07:40 AM.
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The National Security Strategy of the United States of America
September 2002
http://www.state.gov/documents/organization/63562.pdf
http://d-scholarship.pitt.edu/16102/

" (...)
Sympathetic commentators lauded NSS 2002 shortly after its publication,
arguing that “acting preemptively”(2) was a shrewd way for the United
States to seize the strategic high ground in the “war on terror.”(3) On the other hand, skeptics cautioned that by asserting a prerogative to hit first against "
William W. Keller and
Gordon R. Mitchell
Preemption, Prevention,
Prevarication
Year: 2006
https://www.upress.pitt.edu/htmlSourceFiles/pdfs/9780822959366exr.pdf page 3



"terrorists and states that harbor them, the Bush administration risked unraveling the fabric of international law governing the use of force.(4) In explaining their new strategy, Bush officials emphasized a reminder: “Preemption is not a new concept.”(5) Indeed, Article 51 of the United Nations (UN) Charter implicitly recognizes a right to “anticipatory self-defense,” one that has been invoked previously by nations facing imminent security threats.(6) (...)"
William W. Keller and
Gordon R. Mitchell
Preemption, Prevention,
Prevarication
Year: 2006
https://www.upress.pitt.edu/htmlSourceFiles/pdfs/9780822959366exr.pdf page 4

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Last edited by Denglisch; 11/24/16 08:20 AM.
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Master Elite Member

From Minute: 27 Seconds: 37 till Minute: 27 Seconds: 15

Last edited by Denglisch; 11/24/16 08:41 AM.
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http://www.ae-info.org/ae/Member/Tol_Richard


"(...)
The consensus paper by Cook et al (2013) generated a lot of interest. Consensus is not proof, but occasional stock takes of the state of scientific knowledge are useful for identifying fruitful new research avenues and potential paradigm shifts. Agreement, or perceived agreement, about the extent and causes of climate change has no bearing on rational choices about greenhouse gas emission reduction—those are driven by the trade-offs between the impacts of climate change and the impacts of climate policy—but it does affect the public perception of and the political debate on climate policy, as does the integrity of climate research. (...)"
http://iopscience.iop.org/article/10.1088/1748-9326/11/4/048001/meta



Proof is not necessary:
" 'The precautionary approach contained in Principle 15 of the Rio Declaration on Environment and Development is an approach to uncertainty, and provides for action to avoid serious or irreversible environmental harm in advance of scientific certainty of such harm.'
CBD Technical Series No. 66
Geoengineering in Relation to the
Convention on Biological Diversity:
Technical and Regulatory Matters
Part I.
Impacts of Climate-Related
Geoengineering on Biological Diversity
September 2012"
http://globalskywatch.com/chemtrails/ubbthreads.php?ubb=showflat&Number=17985#Post17985

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