Protecting biodiversity to ensure future generations' rights

Abstract

National constitutions adopt the explicit provision at the heart of the constitutional document on the protection of biodiversity as an important and vital necessity. The Constitution's determination of such protection leads to attention to State resources and natural wealth and creates a balanced environment in order to realize the principle of sustainable development, reflecting the idea of preserving the rights of future generations. Some States, including Iraq, have failed to establish a special legal regime guaranteeing special protection of biodiversity in all its aspects. Although this protection is explicitly provided for in the 2005 Constitution, it fails to refer the order regulating such protection to the ordinary legislator under an enacted law, to rely on the 2009 Environmental Protection Act and to address some relevant laws that have not sufficiently highlighted weaknesses and imbalances in Iraq's environmental laws and legislation to provide legislative protection for biodiversity. One of the most important recommendations was the ordinary legislator's call for a law on the protection of biodiversity, which would include all provisions, legal norms relating to the protection of biodiversity components and appropriate methods and mechanisms for the protection of its components through the establishment and care of natural reserves for the conservation of plant and animal natural resources and environmental balance, which would guarantee the rights of future generations.