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ISSN: 3043-6958

ANALYSIS OF THE INTERNATIONAL LEGAL PRINCIPLES FOR THE CONSERVATION OF BIODIVERSITY AND HUMAN RIGHTS PROTECTION

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Abstract

Biodiversity includes all living species and ecosystems. It is important for maintaining a healthy
environment and providing resources like food, water, and medicine. These resources are linked
to human rights to life, health, and cultural identity. The degradation of biodiversity threatens these
rights, prompting the development of international legal frameworks aimed at conserving
biodiversity. While these frameworks have incorporated key legal principles, their effective
application remains limited. Despite establishing a foundation for connecting human rights and
biodiversity conservation, the lack of clear, consistent and enforceable legal principles at the
national level has led to conflicts between conservation efforts and human rights protections. This
gap limits states ability to adequately reconcile environmental sustainability with their human
rights obligations. Through using a doctrinal methodology, this study examines the legal
landscape, emphasizing the importance of the principles of necessity, precaution and
proportionality within international frameworks that guide states in balancing competing rights
and public interests. The findings highlight significant challenges, including weak enforcement,
economic pressures, and policy inconsistencies, which limit effective implementation. To address
these issues, the paper recommends that states codify the principles of necessity, precaution, and
proportionality into national laws providing clear guidelines for environmental impact
assessments, project approval processes and conflict resolution mechanisms, thereby
strengthening the legal foundation for integrating biodiversity conservation with human rights
protections.

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