Justice and the Convention on Biological Diversity

2009 ◽  
Vol 23 (3) ◽  
pp. 267-280 ◽  
Author(s):  
Doris Schroeder ◽  
Thomas Pogge
Keyword(s):  
Biological Diversity ◽  
Natural Habitat ◽  
Sustainable Use ◽  
International Economic Order ◽  
Social Utility ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Social Rules ◽  
Biological Resources ◽  
Thomas Pogge

Justice and the Convention on Biological DiversityDoris Schroeder and Thomas PoggeBenefit sharing as envisaged by the 1992 Convention on Biological Diversity (CBD) is a relatively new idea in international law. Within the context of non-human biological resources, it aims to guarantee the conservation of biodiversity and its sustainable use by ensuring that its custodians are adequately rewarded for its preservation.Prior to the adoption of the CBD, access to biological resources was frequently regarded as a free-for-all. Bioprospectors were able to take resources out of their natural habitat and develop commercial products without sharing benefits with states or local communities. This paper asks how CBD-style benefit-sharing fits into debates of justice. It is argued that the CBD is an example of a set of social rules designed to increase social utility. It is also argued that a common heritage of humankind principle with inbuilt benefit-sharing mechanisms would be preferable to assigning bureaucratic property rights to non-human biological resources. However, as long as the international economic order is characterized by serious distributive injustices, as reflected in the enormous poverty-related death toll in developing countries, any morally acceptable means toward redressing the balance in favor of the disadvantaged has to be welcomed. By legislating for a system of justice-in-exchange covering nonhuman biological resources in preference to a free-for-all situation, the CBD provides a small step forward in redressing the distributive justice balance. It therefore presents just legislation sensitive to the international relations context in the 21st century.

Convention on Biological Diversity: Towards a sustainable future

Social Change ◽  
2003 ◽  
Vol 33 (2-3) ◽  
pp. 173-191
Keyword(s):  
Genetic Resources ◽  
Biological Diversity ◽  
Technology Development ◽  
Sustainable Use ◽  
United Nations Environment Programme ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Biological Resources ◽  
Transfer Benefit ◽  
Global Agreement

In an era of a rapidly shrinking biological resources, the Convention on Biological Diversity (CBD) is a historic landmark, being the first global agreement on the conservation and sustainable use of biological diversity. The CBD is one of the few international agreements in the area of natural resource conservation in which sustainability and equitable benefit-sharing are central concerns. The CBD links traditional conservation efforts to the economic goal of using biological resources sustainably and sets forth principles for the fair and equitable sharing of the benefits arising from the use of genetic resources, notably those destined for commercial use. Importantly, the CBD also gives traditional knowledge its due place in the sustainable use of genetic resources. The CBD also covers the rapidly expanding field of biotechnology, addressing technology development and transfer, benefit-sharing and biosafety, in an equitable framework. In the coming years, the CBD is likely to have major repercussions on the way biodiversity is conserved and benefits thereof, shared between the developing and developed worlds. The following commentary on the CBD has drawn heavily from a document produced by Secretariat of the Convention on Biological Diversity, at the United Nations Environment Programme. Articles 1 to 21 of the CBD have also been reproduced here in order to disseminate knowledge regarding the principles of the CBD-Editor.

Greenland's new legislation on commercial and research-related use of biological resources: implications for the International Polar Year and later

Polar Record ◽  
2008 ◽  
Vol 44 (2) ◽  
pp. 97-106 ◽  
Author(s):  
David Leary
Keyword(s):  
Biological Diversity ◽  
Scientific Research ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Home Rule ◽  
Access And Benefit Sharing ◽  
International Polar Year ◽  
Biological Resources ◽  
Potential Benefits ◽  
International Polar

ABSTRACTNew possibilities for economic development have been identified by the Greenland Home Rule Government in recent years. One of these is the potential for development of biotechnology based on Greenland's biodiversity. To ensure that Greenland shares in benefits derived from the exploitation of these resources the Home Rule Parliament recently enacted legislation on commercial and research-related use of biological resources that is premised on rights recognised by the 1992 Convention on Biological Diversity. This legislation represents the first law in an Arctic jurisdiction specifically to create a mechanism for access and benefit sharing in relation to Arctic genetic resources. The main area of research and commercial interest so far relates to potential developments in biotechnology from the microbial diversity of ikaite tufa columns located in the Ikka Fjord in southwest Greenland. The legislation seeks to provide a mechanism for regulating access to such biological resources and a means for Greenland to share in the potential benefits that may come from scientific research on them and subsequent commercialisation. Much research in Greenland now falls within the scope of this legislation. The purpose of this article is to explain the provisions of the legislation to the polar research community as well as to review its implications for research in the International Polar Year and later. The legislation imposes many new obligations on researchers in Greenland including obligations to obtain survey licences, obligations on reporting and the regulation of publication of scientific research. Commercially focussed research is also tightly regulated with a particular emphasis on patent rights. However, many aspects of the legislation are uncertain and it is unclear how much of the legislation will be implemented in practice.

Tackling biopiracy in Southeast Asia: the need for a legally binding regional instrument

2020 ◽  
Vol 23 (1) ◽  
pp. 74-98
Author(s):  
Jinyup Kim
Keyword(s):  
Southeast Asia ◽  
Traditional Knowledge ◽  
Biological Diversity ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Access And Benefit Sharing ◽  
Nagoya Protocol ◽  
Biological Resources ◽  
Knowledge Based ◽  
Consistent Manner

Biopiracy, largely defined as misappropriation of biological resources and associated traditional knowledge, has occurred all around the world. Southeast Asia, one of the world's biodiversity hotspots, has been a victim of biopiracy in a number of cases across the region. Despite the high occurrence of the exploitation of resources, the region has not responded to the problem of biopiracy adequately. One of the most important reasons for this lack of response to biopiracy is the absence of a legally binding regional instrument(s). However, considering that (i) biopiracy does not respect national borders, (ii) most of the Southeast Asian states have ratified the Nagoya Protocol to the Convention on Biological Diversity, and (iii) soft law instruments adopted so far have failed to tackle biopiracy, this article argues that a legally binding regional regime should be established to tackle biopiracy in a consistent manner. Following an analysis of a number of biopiracy cases in the region, this article discusses why a legally binding instrument(s) is necessary. It suggests how to improve the current regional instruments pertaining to access and benefit sharing in relation to biological resources and associated traditional knowledge, based on the analysis of instruments adopted to tackle biopiracy in other regions.

scholarly journals Fifty years of capacity building in the search for new marine natural products

2020 ◽  
Vol 117 (39) ◽  
pp. 24165-24172
Author(s):  
Miguel C. Leal ◽  
Jaime M. Anaya-Rojas ◽  
Murray H. G. Munro ◽  
John W. Blunt ◽  
Carlos J. Melian ◽  
...  
Keyword(s):  
Capacity Building ◽  
Biological Diversity ◽  
Developed Countries ◽  
Marine Natural Product ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Marine Biodiversity ◽  
Biological Resources ◽  
National Jurisdiction ◽  
Number Of Publications

The Convention on Biological Diversity, and the Nagoya Protocol in particular, provide a framework for the fair and equitable sharing of benefits arising from the utilization of biological resources and traditional knowledge, and ultimately aim to promote capacity-building in the developing world. However, measuring capacity-building is a challenging task due to its intangible nature. By compiling and analyzing a database of scientific peer-reviewed publications over a period of 50 y (1965 to 2015), we investigated capacity-building in global marine natural product discovery. We used publication and authorship metrics to assess how the capacity to become scientifically proficient, prolific, and independent has changed in bioprospecting countries. Our results show that marine bioprospecting is a dynamically growing field of research with continuously increasing numbers of participating countries, publications, and scientists. Yet despite longstanding efforts to promote equitability and scientific independence, not all countries have similarly increased their capacity to explore marine biodiversity within their national jurisdiction areas. Although developing countries show an increasing trend in the number of publications, a few developed countries still account for almost one-half of all publications in the field. Multiple lines of evidence suggest that economic capacity affects how well countries with species-rich marine ecosystems can scientifically explore those resources. Overall, the capacity-building data analyzed here provides a timely contribution to the ongoing international debate about access to and benefit-sharing of biological resources for countries exploring biodiversity within and outside their national jurisdiction areas.

scholarly journals Nagoya Protocol on Access and Benefit-Sharing

2019 ◽  
Vol 40 (3) ◽  
pp. 103
Author(s):  
Beatriz Gómez-Castro ◽  
Regina Kipper
Keyword(s):  
Genetic Resources ◽  
Biological Diversity ◽  
Sustainable Use ◽  
Future Generations ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Legal Certainty ◽  
Access And Benefit Sharing ◽  
Nagoya Protocol ◽  
Equitable Sharing

The Nagoya Protocol advances one of the three objectives of the Convention on Biological Diversity (CBD), namely ‘the fair and equitable sharing of the benefits arising from the utilization of genetic resources'. The Protocol promotes equity in the sharing of benefits from the use of genetic resources and encourages the reinvestment of benefits into the conservation and sustainable use of biodiversity and ecosystems. Binding obligations established under the Protocol aim at creating greater legal certainty and transparency as well as more equitable partnerships between users and providers of genetic resources and associated traditional knowledge. The Protocol has the potential to leverage tangible impacts in provider countries and foster sustainable development for present and future generations.

Certifying Biodiversity: The Union for Ethical BioTrade and the Search for Ethical Sourcing

2020 ◽  
Vol 32 (3) ◽  
pp. 503-528
Author(s):  
Drossos Stamboulakis ◽  
Jay Sanderson
Keyword(s):  
Supply Chain ◽  
Biological Diversity ◽  
Sustainable Use ◽  
Local Environment ◽  
Convention On Biological Diversity ◽  
Nagoya Protocol ◽  
Biological Resources ◽  
Private Action ◽  
Ethical Sourcing ◽  
Private Actors

Abstract This article is concerned with the potential for private action to improve sourcing practices to promote biodiversity. More specifically this article examines the Union for Ethical BioTrade (UEBT) and its verification and certification of ‘sourcing with respect’: that is, sourcing ingredients from biodiversity in a way that is respectful to both the local environment and people. While key international biodiversity treaties and instruments—such as the Convention on Biological Diversity (CBD) and Nagoya Protocol—encourage public actors to work with private actors to develop methods for the sustainable use of biological resources, our examination of UEBT shows that there are concerns over the standards, implementation and enforcement of private initiatives. In conclusion, we suggest two key ways in which transnational or public/private initiatives can be strengthened. First, via more proactively promoting public/private cooperation, including about how certification is used to reduce inconsistency and consumer overload or confusion. Secondly, by placing greater emphasis on mechanisms that place pressure on supply chain actors to source in ways that promote biodiversity.

Right of Indigenous Communities to Prior Informed Consent under Article 7 of the Nagoya Protocol and a Comparative Analysis of Its Implementation by India and Bhutan

2021 ◽  
Vol 28 (1) ◽  
pp. 36-63
Author(s):  
Mohit Gupta
Keyword(s):  
Informed Consent ◽  
Biological Diversity ◽  
Sustainable Use ◽  
Indigenous Communities ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Access And Benefit Sharing ◽  
Nagoya Protocol ◽  
The Third ◽  
Prior Informed Consent

The Convention on Biological Diversity (cbd) was adopted in 1992. This Convention had three major objectives: conservation of biological diversity, sustainable use of its component, and access and benefit sharing of biological resources arising out of their utilisation. The Nagoya Protocol to the cbd was adopted in 2010 for the fulfilment of the third objective of the cbd, access and benefit sharing. Article 7 of the Nagoya Protocol imposes an obligation on states parties to ensure that “prior and informed consent or approval or involvement” of the indigenous and local communities is taken before their knowledge is accessed. The present study first analyses the contents of Article 7 of the Nagoya Protocol. It will throw light on the meaning of the phrase “prior and informed consent or approval and involvement” as used in Article 7. It then highlights the implementation of Article 7 by two states parties, namely, India and Bhutan.

scholarly journals Convention on Biological Diversity and access to genetic resources: International regime and our experiences

1970 ◽  
Vol 15 (2) ◽  
pp. 48-52
Author(s):  
O. Joshi
Keyword(s):  
Traditional Knowledge ◽  
Biological Diversity ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Access And Benefit Sharing ◽  
Knowledge Community ◽  
Biological Resources ◽  
Community Rights ◽  
Equitable Sharing ◽  
Emerging Issues

Traditional Knowledge, community rights and access to benefit sharing of biological resources are emerging Issues after Convention on Biological Diversity (CBD) entered into force. This paper highlights legal system of access to benefit sharing in CBD and our efforts made so far to protect traditional knowledge by the legal documentation of biological resources and traditional knowledge associated with it. The paper advocates bioprospecting as a forward looking opportunity to convert natural resources into biological capital and highlights role and responsibility of local people to make equitable sharing of the benefits from the resource they conserve and knowledge they hold. Key words: Access and benefit Sharing, Traditional Knowledge, Bio-prospecting. Banko Janakari Vol.15(2) 2005 pp48-52

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