Abstract EN:

The focus of the thesis is an analysis of international law, regional law and domestic law as they relate to the protection of biological diversity in the south pacific region, in particular in Australia, New Caledonia and Vanuatu. The fundamental aim of the thesis is to assess the effectiveness of international law, and in order to do this, the research examines not only the extent to which international law concerning biodiversity is applicable, but also, crucially, how it is applied by countries of the south pacific region. The first part of the research analyses relevant international and regional material, as well as domestic laws pertaining to the incorporation of treaties. Mechanisms established by relevant treaties to facilitate their implementation - such as requirements for periodic reporting by states - are also examined. The second part of the research analyses the domestic implementation of specific provisions of treaties by the three states referred to. The analysis distinguishes between the application of provisions concerning the protection of genetic resources, the protection of species and the protection of ecosystems. Specific country case studies are provided of the implementation of particular treaties, such as the 1992 convention on biological diversity. Through the case studies, it is submitted, it is possible to gauge the effectiveness of international environmental law provisions in these countries.