By: Mehrdad Mohamadi, PhD in
International Law, Tehran, Iran
Wetlands are among the
most productive environments in the world. They are considered as biodiversity
cradles of the earth. By providing water and primary breeding ability, they
play an important role in the survival of unlimited species of plants and
animals dependent on them. In fact, large gatherings of birds, mammals,
reptiles, amphibians, fishes and wildlife live in wetlands. Wetlands enjoy
significant economic value, including increasing the quality of drinking water,
flood control, recreational activities and fishing, wildlife habitat. However,
because of the differences in geographical dimensions and situations of wetlands
and their exploitation, a precise definition of the wetland before the
conclusion of the Ramsar Convention was difficult. The International Union for
the Conservation of Nature (IUCN) in the Ramsar Convention has provided a solid
definition for wetlands as follows:
Areas of marsh, fen, peat land or water, whether
natural or artificial, permanent or temporary, with water that is static or
flowing, fresh, brackish or salt, including areas of marine water the depth of which
at low tide does not exceed six meters.
Wetlands are ecologically
important and regulate aquatic diets and biodiversity resources at all levels,
including species, production, inheritance and ecosystems. Unfortunately,
despite the valuable benefits of wetlands as the most productive environments
in the world, the crisis caused by natural and human factors threatens their existence.
Thus, international efforts to counteract the serious damage to wetlands and
focus on the survival and conservation of habitats were the basis for the development
of the Ramsar Convention.
The Ramsar Convention, A Specialist
Legal System for the Protection of Wetlands
With the progress of
science and technology, humans learned to change their environment, which has in
turn caused enormous environmental hazards. International environmental law is
one of the most important sources for coping with these threats, as well as
regulating the international law enforcement bodies in the use of natural
resources and the environment. The Declaration of the United Nations Conference
on the Environment of 1972 (Stockholm) recognized "The Right to the
Environment," which means that the right to a healthy environment, such as
freedom and equality, is a fundamental right of humans. Proper planning and
management to protect natural resources including air, water and soil, flowers
and plants, especially specific ecosystems, such as wetlands for the use of
current and future generations, are the common responsibilities of individuals
and governments.
In fact the need to protect
the environment is a common issue in domestic and international law. The
Stockholm Declaration is one of the first documents expressly emphasizing this
point. The Declaration maintains that “In accordance with the United Nations
Charter and the principles of international law, Governments have exclusive
jurisdiction over their natural resources, including soils, inland waters such
as lakes, waterways and wetlands, and the territorial sea and territorial
boundaries of the territory, and are obliged to adopt arrangements to ensure
that activities in their area of competence and supervision do not harm the
environment of countries or areas beyond their national jurisdiction”. This
principle has been reiterated in the 1992 Convention on Biological
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Diversity
(CBD) and in the Rio Declaration (1992), and on this basis, the International
Court of Justice recognizes the commitment to these principles as part of
international environmental law. Moreover, states are committed to working
together to protect the environment. Also, in accordance with Principle 24 of the
Stockholm Declaration, all governments, small and large, should cooperate for international
environmental protection and improvement of the environment, through the
development of bilateral or multilateral agreements and, if necessary, for the
prevention and reduction of environmental degradation caused by human
activities.
The Ramsar Convention, as an
older international treaty, is based on the principle of states cooperation,
with an emphasis on one of the principles of international environmental law,
namely the principle of environmental protection. It is, also, one of the first
effective coordinating measures in protecting wetlands that was formed as a
consequence of human acquaintance with the unique features of wetlands and
global participation in the protection of wetlands. Through its years of
activity, the convention has enabled the international community to provide the
ground for further study and conservation of wetlands on the international
level. The convention of Ramsar, named after the Iranian city of Ramsar in
which the delegations adopted the treaty, is an international agreement
according to which member states beyond the geographical boundaries study and
investigate the environmental issues of the wetlands of the countries
concerned, in particular the international wetlands, and the results of ecological
studies are shared among the states parties. The convention concluded in
February 2, 1971, and came into force on December 21, 1975, and thus February 2nd is called the World Wetlands Day. The purpose of this Convention is to ensure
the protection and rational use of wetlands through local, national, regional
and international efforts to achieve sustainable development around the world. In
this regard, any country in the world that wishes to become a member of the
Ramsar Convention should have introduced at least one of its wetlands to the convention's
office. The Convention secretariat will examine, in accordance with the terms
and conditions of the wetland, and, if it has the necessary conditions, it will
register it at the Convention Office as an international wetland. Today, the
number of state parties to the Convention has exceeded to 165 countries.
Generally, the mission of
the Ramsar Convention is to protect and make reasonable use of all wetlands
through local, regional, national and international efforts to help achieve
sustainable development around the world that the Secretariat of the Convention
is in the process of implementing.
Since the Ramsar
Convention was the first global experience in protecting the wetlands, this
mechanism certainly had some legal deficiencies and weaknesses. The Ramsar
Convention was amended accordingly. Consequently, in December 1982, the
governments adopted an extraordinary conference on the reform protocol under
the Paris Protocol at UNESCO headquarters, which was implemented in 1986.
Today, almost all parties to the Convention are parties to the Paris Protocol.
On the other hand, at an extraordinary conference held in 1987 in the presence
of the parties in Regina, Canada, amendments were made to the powers of the
contracting parties, the establishment of a permanent committee, budget and a
permanent office or secretariat, and these amendments came into force in 1994.
New parties joining the Ramsar Convention are considered to be part of the
reform protocols of Paris and Regina.
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International
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