Negotiating the Nagoya Protocol: Indigenous Demands for Justice

2014 ◽  
Vol 14 (3) ◽  
pp. 102-124 ◽  
Author(s):  
Kimberly R. Marion Suiseeya
Keyword(s):  
Genetic Resources ◽  
Indigenous Peoples ◽  
Biological Diversity ◽  
Local Communities ◽  
Convention On Biological Diversity ◽  
Nagoya Protocol ◽  
Shared Meanings ◽  
Global Demand ◽  
Equitable Sharing ◽  
Resources Exploitation

In October 2010, parties to the Convention on Biological Diversity adopted the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization. One impetus behind the Nagoya Protocol was the mandate to address the unjust impacts—such as the loss of access to resources, exploitation of traditional knowledge, and expropriation of rights to resources—of the global demand for genetic resources on indigenous peoples and local communities (ILCs). Using collaborative event ethnography, this article demonstrates the limited nature, scope, and engagement of the ILC justice discourse in the negotiations, despite the supposedly inclusive nature of the CBD. I attribute the constrained discourse in part to the existence of a justice metanorm as evidenced through the emergence of shared meanings and prescriptive status of justice instruments.

scholarly journals ACCESS AND BENEFIT SHARING UNDER NAGOYA PROTOCOL AND SUSTAINABLE DEVELOPMENT: A CRITICAL ANALYSIS

2015 ◽  
Vol 9 (3) ◽  
pp. 38-45
Author(s):  
STELLINA JOLLY
Keyword(s):  
Sustainable Development ◽  
Genetic Resources ◽  
Biological Diversity ◽  
Environmental Law ◽  
Developing Nations ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Access And Benefit Sharing ◽  
Nagoya Protocol ◽  
Equitable Sharing

The debate over control and ownership of natural and bio genetic resources has a chequered history in International environmental law. Historically genetic resources were considered and acknowledged as part of common heritage of mankind. But with the development of technologies and the heightened north south divide over the issue of sovereign right over natural resources the developing nations became extremely concerned with the exploitation of biological and Genetic resources. Access to benefit sharing (ABS) was considered as an answer to balance the interests of developed and developing nations and to conserve and protect bio diversity. Adopted on October 2010 in Nagoya, Japan by the Parties to the Convention on Biological Diversity (CBD) of 1992, the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization (NP) has come into force after its 50th ratification on 2013. Nagoya protocol details on procedure for access and benefit sharing, disclosure mechanism, principles of transparency and democracy. The paper analyses the protection of access and benefit sharing envisaged under Nagoya protocol and its possible role in promoting sustainable development in the develoing nations. 

scholarly journals Facing the Harsh Reality of Access and Benefit Sharing (ABS) Legislation

2021 ◽  
Author(s):  
Frank Michiels ◽  
Ulrich Feiter ◽  
Stéphanie Paquin-Jaloux ◽  
Diana Jungmann ◽  
Axel Braun ◽  
...  
Keyword(s):  
Genetic Resources ◽  
Biological Diversity ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Legal Requirements ◽  
Access And Benefit Sharing ◽  
Nagoya Protocol ◽  
Equitable Sharing ◽  
Harsh Reality ◽  
Practical Constraints

Access and Benefit Sharing (ABS) is a framework which refers to a relatively recent type of legal requirements for access to and/or use of “genetic resources”. They are based on diverse national and regional laws and regulations, which mostly result from the implementation of the United Nations’ Convention on Biological Diversity (CBD) and its supplementary agreement, the Nagoya Protocol. Their ambition is to achieve fair and equitable sharing of benefits arising out of the use of genetic resources as an incentive to conserve and sustainably use them. This paper describes the experiences, practical constraints and complexities encountered by users of genetic resources when dealing with ABS legislation, with a focus on users from the private sector. We provide insights on how ABS laws have fundamentally changed the way of working with genetic resources in the hope that it inspires re-thinking of the ABS framework, to better support the overall objectives of the CBD.

scholarly journals The Nagoya Protocol and Indigenous Peoples

2016 ◽  
Vol 7 (2) ◽  
Author(s):  
Maria Yolanda Teran
Keyword(s):  
Genetic Resources ◽  
Traditional Knowledge ◽  
Indigenous Peoples ◽  
Local Communities ◽  
Benefit Sharing ◽  
Access And Benefit Sharing ◽  
Nagoya Protocol ◽  
Equitable Sharing ◽  
Mother Earth

This article is about Indigenous peoples’ involvement in the Nagoya Protocol negotiations from 2006 to 2010, as well as in its implementation to stop biopiracy in order to protect Pachamama, Mother Earth, and to ensure our survival and the survival of coming generations. The Nagoya Protocol is an international instrument that was adopted in Nagoya, Japan in October 2010 by the Conference of Parties (COP 10) and ratified by 51 countries in Pyeongchang, South Korea in October 2014 at COP 12. This protocol governs access to genetic resources and the fair and equitable sharing of benefits arising from their utilization (access and benefit sharing [ABS]). It has several articles related to Indigenous peoples and traditional knowledge, as well as: The interrelation and inseparable nature between genetic resources and traditional knowledge; The diversity of circumstances surrounding traditional knowledge ownership, including by country; The identification of traditional knowledge owners; The declaration of Indigenous peoples' human rights; and The role of women in the biodiversity process. In addition, this protocol lays out obligations on access, specifically participation in equitable benefit sharing, the accomplishment of prior and informed consent, and the mutually agreed terms and elaboration of a national legal ABS framework with the participation of Indigenous peoples and local communities in order to have well-defined roles, responsibilities, and times of negotiations.

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.

scholarly journals Facing the Harsh Reality of Access and Benefit Sharing (ABS) Legislation: An Industry Perspective

2021 ◽  
Vol 14 (1) ◽  
pp. 277
Author(s):  
Frank Michiels ◽  
Ulrich Feiter ◽  
Stéphanie Paquin-Jaloux ◽  
Diana Jungmann ◽  
Axel Braun ◽  
...  
Keyword(s):  
Genetic Resources ◽  
Biological Diversity ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Access And Benefit Sharing ◽  
Nagoya Protocol ◽  
Equitable Sharing ◽  
United Nations Convention ◽  
Harsh Reality ◽  
Practical Constraints

Access and benefit sharing (ABS) is a framework which refers to a relatively recent type of legal requirements for access to and use of “genetic resources”. They are based on diverse national and regional laws and regulations, which mostly result from the implementation of the United Nations’ Convention on Biological Diversity (CBD) and its supplementary agreement, the Nagoya Protocol. Their ambition is to achieve fair and equitable sharing of benefits arising out of the use of genetic resources as an incentive to conserve and sustainably use them. This paper describes the experiences, practical constraints and complexities encountered by users of genetic resources when dealing with ABS legislation, with a focus on users from the private sector. We provide insights on how ABS laws have fundamentally changed the way of working with genetic resources, in the hope that it inspires re-thinking of the ABS framework, to better support the overall objectives of the CBD.

Beyond Unbridled Optimism and Fear: Indigenous Peoples, Intellectual Property, Human Rights and the Globalisation of Traditional Knowledge and Expressions of Folklore: Part II

2014 ◽  
Vol 16 (1) ◽  
pp. 3-37
Author(s):  
Caroline Joan S. Picart ◽  
Caroline Joan S. Picart ◽  
Marlowe Fox
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
Traditional Knowledge ◽  
Indigenous Peoples ◽  
Biological Diversity ◽  
Convention On Biological Diversity ◽  
Nagoya Protocol ◽  
Trade Law ◽  
International Trade Law ◽  
Traditional Cultural Expressions

Abstract In Part I of this two-part article, we explained why western assumptions built into intellectual property law make this area of law a problematic tool, as a way of protecting traditional knowledge (tk) and expressions of folklore (EoF) or traditional cultural expressions (tce) of indigenous peoples. Part II of this article aims to: 1) provide a brief review of the Convention on Biological Diversity (cbd) and the Nagoya Protocol, and examine the evolution of the intellectual property rights of indigenous peoples from the Agreement on Trade Related Aspects of Intellectual Property (trips Agreement) to the cbd to the Nagoya Protocol; and 2) examine possible core principles, inducted (rather than deduced) from actual practices already in place in the areas of patents, copyrights, and trademarks in relation to protecting tk and EoF. These explorations could allow for discussions regarding indigenous peoples, human rights and international trade law to become less adversarial.

The ‘Facilitator’: Proposing a New Mechanism to Strengthen the Equitable and Sustainable Use of Biodiversity

1995 ◽  
Vol 22 (3) ◽  
pp. 211-215 ◽  
Author(s):  
Anatole F. Krattiger ◽  
William H. Lesser
Keyword(s):  
Genetic Resources ◽  
Side Effect ◽  
Biological Diversity ◽  
Sustainable Use ◽  
Convention On Biological Diversity ◽  
Standard Practice ◽  
Equitable Sharing

The focus of the Convention on Biological Diversity on conservation, the sustainable use of the greatest possible diversity of biota, and the equitable sharing of the benefits derived therefrom, has broadened the opportunities and responsibilities of a range of entities that are involved with conservation. Countries seeking to market their genetic resources, as well as firms seeking access to these materials, are uncertain as to how to proceed under the new expectations brought about by the Convention, and the excitement stemming from prospecting revenues is having an unfortunate side-effect in emphasizing the perceived newness of this opportunity. The continued emphasis on newness discourages participation until a less risky standard practice emerges.

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