New Technologies in International Law / Tymofeyeva, Crhák et al.

up the implementation of the HST. They will also provide developing countries with access to the specific software 296 able to support implementation. IUCN will provide them technical assistance, capacity-building and policy advice. 297 It is a great example of how important are not just contracting parties (States), but also other actors, such as IUCN, or other non-governmental subjects. 4. Common provisions As we mentioned earlier, there is one issue with monitoring technologies (drones, camera traps, etc.) that is not present anywhere else – data protection. None of the existing international environmental treaties has established adequate privacy policies regarding personal data protection. But on the other hand, it is not something that could not be regulated by some different legislative tool. There were attempts to create soft law tools, such as Principles for the socially responsible use of conservation monitoring technology and data (2021), 298 and Ethical code of conduct for camera traps in wildlife research (2020). 299 In European Union there is, of course, General Data Protection Regulation. Although the Convention on Biological Diversity and the High Sea Treaty are not the only treaties regulating the protection of biodiversity, other treaties do not deal with technology explicitly. There are many treaties, that deal with the protection of specific localities or species, such as the Ramsar Convention, Bonn Convention, or Bern Convention. All of these treaties emphasize the necessity of cooperation and information (data) sharing (for example Article 4(3) of the Ramsar Convention). 300 Also, since they regulate the protection of specific localities (wetlands) or species (migratory species), it is necessary to ensure adequate monitoring. Technology plays an integral part in these activities, and accentuation of its importance might help, for example, to boost technological development. To be fair, international law is not capable of regulating every possible question related to biodiversity protection. Since there are many actors and many possible contracting parties, the wording of any treaty will always be a product of compromise. Also, there are international customary rules to help with the protection of biodiversity. But if we add technology to the equation, the applicability of customary rules will be 296 “Skylight (name of the software), which is used by over 300 organisations in nearly 70 countries, combines satellite technology and AI to deliver automated monitoring and detection capabilities to assist in tackling illegal, unreported and unregulated (IUU) fishing. With the ability to process and analyse millions of data points daily, the platform also provides policymakers and MPA managers with near real-time and historical intelligence to inform conservation actions.” ‘IUCN and AI2 to provide AI technology at no cost to fast track implementation of newly signed UN High Seas Treaty’ (IUCN, 21 September 2023). 297 ‘IUCN and AI2 to provide AI technology at no cost to fast-track implementation of newly signed UN High Seas Treaty’ ( IUCN , 21 September 2023) accessed 5 December 2023. 298 Sandbrook C, Clark D, Toivonen T et al, ‘Principles for the socially responsible use of conservation monitoring technology and data’ (2021) 3 Conservation Science and Practice 374. 299 Sharma K, Fiechter M, George T et al. ‘Conservation and people: Towards an ethical code of conduct for the use of camera traps in wildlife research’ (2020) 1 Ecol Solut Evidence 12033. 300 Convention on Wetlands of International Importance (known as Ramsar Convention), 2 February 1971, reprinted in 996 UNTS 245.

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