| Research Abstract |
Under the treaties or domestic laws of each country on conservation of the natural resources, the efforts to set out principles and criteria for the protection of endangered species and for the sustainable use of living resources have been made. However, detailed arguments on the principles and procedures for the sustainable development or the sustainable use. though the general idea of the sustainability spreads out, doesn't proceed.
This research aimed at probing into general principles and procedures for the sustainable use of living resources, through investigation and analysis from the legal viewpoint in order to find out common items, that may be referred to in the relevant treaties and domestic laws. To that end, academic articles and related materials, as well as arguments made in the COPs of the existing treaties and the subsidiary committees, were examined. Among them, "the Principles for the Ecosystem Approach" and "the Addis Ababa Principles and Guidelines" adopted by the Co
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nvention on Biological Diversity, and "the Legal Principles and Guidelines for Conservation and Sustainable Use of Living Resources," proposed by the Biodiversity Working Group of the Japan Center of International and Comparative Environmental Law were central to be considered. In addition, interviews and discussions were conducted with persons concerned at the meetings of COPs of the Convention on Biological Diversity and the Ramsar Convention and other international conferences in order to identify basic items.
Based on such examination, general principles and basic procedures for the sustainable use of living resources can be classified in some categories. They are "Basic Principles" that contains elementary items for the use of living resources, "Basic Procedure" that includes necessary procedures and systems for the use of such resources, "Resource Management Method" that sets out methods to be employed, and "Regime Improvement" that covers the legal, administrative and economic system concerned with the use of such resources. First, "Basic Principles" includes Equity, Ecosystem Approach, Prevention of Environmental Damage, Precautionary Approach, Interdisciplinary Approach, Awareness and Training, and International Cooperation. In "Basic Procedure", Information Dissemination, Prior Assessment and Monitoring are the main procedures. Then, for "Resource Management Method", Space and Time Frame Appropriate for the Ecosystem, Transfer of Power to -the Local Level, Adaptive Management, and Participatory Management are required. As for "Regime Improvement", Improvement of Policy and Law, Provision of Supporting Measures, Respect for Customary Rights and Traditional Knowledge, Compliance and Dispute Avoidance, Judicial Relief, Internalization of Ecological Value and Responsible Business Practices are identified.
Further examination will be necessary based on this research in order to analyze and identify a set of indicators that are used in reviewing the actual application of the above principles and procedures. Less
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