Introduction
Biodiversity and climate change are among the most significant and widespread environmental challenges of the 21st century. Rising global temperatures are placing immense pressure on ecosystems, threatening countless species, and undermining essential ecological functions. Governments and international organizations are increasingly recognizing that these issues must be tackled together. Both face the urgent task of protecting ecosystems, which are under increasing threat from climate change, and reversing the loss of
biodiversity. This blog explores how environmental laws are evolving to protect both ecosystems and species in this interconnected age of climate change.
The Intersection of Biodiversity and Climate Change Biodiversity means diversity in forms of life on Earth. This includes several species, diverse ecosystems, and genetic diversity as a basis of ecological balance. An increase in the greenhouse gases level pushes climate change to alter temperature ranges, precipitation, and extreme climatic events. Ecosystems and species also respond to these changes. Habitats shrink, the pattern of migration is disrupted, and some species approach extinction or are compelled to adapt at the speed of necessity. In 2020, the Intergovernmental Panel on Climate Change (IPCC) warned in its 2020report that ecosystems and biodiversity are under severe threats due to the long-term impacts of global warming that may be irremediable. Examples include coral reefs where a quarter of marine species is dying from the impacts of warm oceans or wildfires and further increasing cases of forest fire and clearance with the catastrophic rise in greenhouse gas emissions and the deepening of the climate crisis. With this scenario, the laws and policies are changing. Therefore, biodiversity and global change should go hand in hand.
International Legal Frameworks
International agreements will be pivotal in harmonizing the efforts made globally in an attempt to preserve biodiversity amidst the effects of climate change. Two of the critical frameworks centralizing these efforts include the Convention on Biological Diversity and the Paris Agreement.
1. CBD: This is the international agreement adopted in 1992 that aims to conserve biodiversity and utilize the components sustainably by ensuring the fair and equitable sharing of genetic resources. The convention sets big goals like Aichi Biodiversity Targets between 2010-2020, and recently added commitments towards climate change through strategies for conserving biodiversity. It adopted the 2021 Post-2020 Global Biodiversity Framework under COP15 Summit which clearly laid down targets specific by 2030. There are also planned moves to cover up 30% of lands and marine waters across the Earth by 2030. It plans to minimize influence climate change takes upon biodiversity which in turn proposes improvement of natural nature-based solution mechanisms.
2. Paris Agreement (2015): The Paris Agreement, mostly on climate change mitigation, mentions the preservation of ecosystems. Article 5 of the agreement calls upon efforts to preserve and enhance the sinks of greenhouse gases, like forests and wetlands. Countries have aligned their climate targets with their biodiversity objectives in many cases; they state that efforts to mitigate climate change will not damage but restore ecosystems instead. Examples: With this context, nature-based solutions (NbS), have become popular. The solutions included protection of forests, wetlands, and coastal ecosystems for the sequestration of carbon, habitat restoration, and building resilience to climate impacts find their new place in the national climate action plans, or NDCs, a core component of the Paris Agreement.
National Legal Efforts to Conserve Biodiversity Amid Climate Change
At the national level, new laws and strategies are being developed to recognize the need to protect biodiversity in a changing climate. Some of the examples include:
1. The United States – Endangered Species Act and Climate Change: The Endangered Species Act of 1973 4 is considered one of the most effective instruments in the United States for the conservation of threatened and endangered species. However, with increased widespread impacts from climate change, questions have emerged about the effectiveness of the law in combating climate-related threats to species. The U.S. Fish and Wildlife Service has been increasingly considering climate change impacts in its decision-making process, such as acknowledging that some species may need to shift their habitats to survive, requiring the protection of new areas. For example, in 2020, the agency listed the polar bear as a threatened species due to melting sea ice, which is a direct result of climate change.
2. European Union – Biodiversity Strategy for 2030 : The European Union approved its Biodiversity Strategy for 2030 in 2020, one of the central elements of the European Green Deal. The Biodiversity Strategy for 2030 aims at protecting biodiversity and restoring ecosystems throughout Europe, always ensuring that those efforts are closely integrated with climate policy. It encompasses actions such as expanding protected areas, improving the ecological status of ecosystems, and investing in restoration projects to enhance Europe's
resilience to climate change. Another important aspect of the strategy is the restoration of pollinator populations, which are critical for food security and ecosystem health, but have been severely decimated by climate change and agricultural practices.
3. Australia – The Great Barrier Reef and Litigation: Australia’s Great Barrier Reef, a UNESCO World Heritage site, has suffered from severe damage due to coral bleaching from climate change. In 2021, the Australian government approved new environmental legislation that seeks to enhance protections for the reef. For instance, the Reef 2050 Plan aims to minimize pollution and enhance water quality, as well as mitigate the long-term impacts of climate change. Despite these continued threats, the continued litigations further advocate for even stricter regulations protecting the reef such as litigation that the environmental movement brings against the government for insufficient actions in terms of climate. At the national level, countries are adopting new laws and strategies that recognize the need to protect biodiversity in a changing climate. Here are some notable examples: Integrating Climate and Biodiversity Law: The Need for Synergy Ecosystem-based adaptation (EbA), which involves the use of natural ecosystems to assist communities in adapting to climate change, is another important legal issue. For example, coastal wetlands and mangrove forests are habitat for biodiversity, but they also act as a natural barrier against storm surges and flooding. Laws that promote the preservation and restoration of these ecosystems can provide multiple benefits in the face of climate change.
Conclusion
With accelerating climate change, protection of biodiversity and mitigation of climate impacts is imperative. The legal systems are expected to evolve further to address such urgent issues. International agreements-the CBD along with the Paris Agreement-hold great importance, and national laws gradually follow to ensure protection of ecosystems in a world that is warming up. Further legal efforts have to emerge more as adaptation and coping mechanisms with climate changes while integrating climate and biodiversity protection in better form so that the ecosystems remain resilient and species get preserved for posterity. A tough task awaits but, interestingly, there may be no opportunity to combat climate change better than conserving biodiversity: through thought and coordinated legal structures, protect
the ecosystems and avoid climate change; safeguard biodiversity-which supports all life on this planet.
This article is authored by Anurag, who was among the Top 40 performer in the Cyber & Technology Laws Quiz Competition organized by Lets Learn Law.