Convention on Biological Diversity (1992) — Treaty Brief

Overview

The Convention on Biological Diversity (CBD), adopted at the Earth Summit in Rio de Janeiro in 1992, is a landmark international treaty aimed at conserving the world’s biological diversity, ensuring the sustainable use of its components, and promoting the fair and equitable sharing of benefits arising from genetic resources. It recognizes biodiversity as a critical foundation for human well-being and sustainable development, setting a comprehensive framework for states to cooperate in protecting ecosystems, species, and genetic materials. The treaty operates through national strategies, action plans, and international cooperation, emphasizing both conservation and sustainable use alongside the integration of biodiversity considerations into broader economic and social policies.

Key obligations

• Conservation of biological diversity: Parties must develop national strategies, plans, or programs for the conservation and sustainable use of biological diversity (Article 6).
• Sustainable use of components: States are required to ensure that biological resources are used sustainably to avoid long-term depletion (Article 10).
• Access to genetic resources: The treaty establishes that access to genetic resources shall be subject to prior informed consent of the providing country and mutually agreed terms (Article 15).
• Benefit-sharing: Parties must ensure that benefits arising from the utilization of genetic resources are shared fairly and equitably with the providing country (Article 15).
• Protection of traditional knowledge: States are encouraged to respect, preserve, and maintain knowledge, innovations, and practices of indigenous and local communities relevant to conservation and sustainable use (Article 8(j)).
• Impact assessment and minimizing adverse effects: Parties should regulate or manage activities that may have adverse impacts on biodiversity (Article 7).
• Public education and awareness: Promote understanding and awareness of biodiversity issues among the public (Article 13).
• Reporting: Parties are obligated to submit national reports on implementation progress at regular intervals (Article 26).

Signatories and status

The CBD is one of the most widely ratified environmental treaties, with nearly universal participation. Major global powers, including the United States, China, Russia, India, and members of the European Union, are parties to the treaty. Notably, the United States signed the CBD but has not ratified it, making it a high-profile non-ratifier. This absence limits U.S. formal participation in decision-making under the treaty framework. Most developing and developed countries have ratified the treaty, reflecting broad international consensus on the importance of biodiversity conservation. The treaty’s near-universal acceptance facilitates global cooperation but also highlights challenges in harmonizing diverse national interests and capacities.

Major controversies

• Access and benefit-sharing disputes: The implementation of Article 15, concerning access to genetic resources and benefit-sharing, has been contentious. Developing countries argue for stronger protections and equitable sharing to prevent biopiracy, while some developed countries have expressed concerns about restrictions on research and innovation. This has led to prolonged negotiations culminating in the Nagoya Protocol, but tensions remain over interpretation and enforcement.
• Enforcement and compliance gaps: The CBD lacks strong enforcement mechanisms. Compliance relies heavily on national implementation and reporting, which vary widely in quality and ambition. This has led to criticism that the treaty’s goals are often unmet, with biodiversity loss continuing globally despite commitments.
• Disputes over traditional knowledge: Differing views on how to protect indigenous knowledge and ensure community rights have caused friction, particularly between indigenous groups, states, and private sector actors.
• Withdrawal and non-ratification: While no party has formally withdrawn from the CBD, the U.S. non-ratification is a significant political issue, limiting the treaty’s influence in one of the world’s largest economies and biodiversity hotspots.
• Interpretation of sustainable use: There is ongoing debate about what constitutes sustainable use, especially in sectors like agriculture, forestry, and fisheries, where economic interests often conflict with conservation goals.

Recent developments

In the past five years, the CBD has been central to global biodiversity governance, particularly through the negotiation of the post-2020 global biodiversity framework. This framework aims to set ambitious targets for biodiversity conservation and sustainable use for the coming decade. The 15th Conference of the Parties (COP15), held in two parts (virtually in 2021 and in-person in 2022), resulted in the Kunming-Montreal Global Biodiversity Framework, which includes goals to protect 30% of terrestrial and marine areas by 2030, reduce pollution, and halt species extinctions. The framework also emphasizes the role of indigenous peoples and local communities. Additionally, there has been increased integration of biodiversity considerations into climate change discussions, recognizing interlinked environmental challenges.

Why it matters now

Biodiversity loss continues at an alarming rate, threatening ecosystems, food security, and human health worldwide. The CBD remains the primary international legal instrument for coordinating global efforts to halt this loss and promote sustainable development. Its evolving framework, including the recent Kunming-Montreal agreement, offers a critical opportunity to strengthen international cooperation and policy coherence at a time when biodiversity is increasingly recognized as essential to addressing climate change, pandemic prevention, and economic resilience.