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.

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.

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 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 Marine Genetic Resources in Areas Beyond National Jurisdiction: Promoting Marine Scientific Research and Enabling Equitable Benefit Sharing

2021 ◽  
Vol 8 ◽  
Author(s):  
Alex D. Rogers ◽  
Amy Baco ◽  
Elva Escobar-Briones ◽  
Kristina Gjerde ◽  
Judith Gobin ◽  
...  
Keyword(s):  
Technology Transfer ◽  
United Nations ◽  
Genetic Resources ◽  
Biological Diversity ◽  
Science And Technology ◽  
Sustainable Use ◽  
Scientific Research ◽  
Benefit Sharing ◽  
National Jurisdiction ◽  
The United Nations

Growing human activity in areas beyond national jurisdiction (ABNJ) is driving increasing impacts on the biodiversity of this vast area of the ocean. As a result, the United Nations General Assembly committed to convening a series of intergovernmental conferences (IGCs) to develop an international legally-binding instrument (ILBI) for the conservation and sustainable use of marine biological diversity of ABNJ [the biodiversity beyond national jurisdiction (BBNJ) agreement] under the United Nations Convention on the Law of the Sea. The BBNJ agreement includes consideration of marine genetic resources (MGR) in ABNJ, including how to share benefits and promote marine scientific research whilst building capacity of developing states in science and technology. Three IGCs have been completed to date with the fourth delayed by the Covid pandemic. This delay has allowed a series of informal dialogues to take place between state parties, which have highlighted a number of areas related to MGR and benefit sharing that require technical guidance from ocean experts. These include: guiding principles on the access and use of MGR from ABNJ; the sharing of knowledge arising from research on MGR in ABNJ; and capacity building and technology transfer for developing states. In this paper, we explain what MGR are, the methods required to collect, study and archive them, including data arising from scientific investigation. We also explore the practical requirements of access by developing countries to scientific cruises, including the sharing of data, as well as participation in research and development on shore whilst promoting rather than hindering marine scientific research. We outline existing infrastructure and shared resources that facilitate access, research, development, and benefit sharing of MGR from ABNJ; and discuss existing gaps. We examine international capacity development and technology transfer schemes that might facilitate or complement non-monetary benefit sharing activities. We end the paper by highlighting what the ILBI can achieve in terms of access, utilization, and benefit sharing of MGR and how we might future-proof the BBNJ Agreement with respect to developments in science and technology.

The Protection and Sustainable Exploitation of Genetic Resources of the High Seas from the European Union's Perspective

2009 ◽  
Vol 24 (2) ◽  
pp. 333-341
Author(s):  
Serge Beslier
Keyword(s):  
Genetic Resources ◽  
Legal Status ◽  
Biological Diversity ◽  
Negative Impact ◽  
Integrated Approach ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Marine Biodiversity ◽  
Near Future ◽  
High Seas

AbstractThis paper examines how marine biodiversity and genetic resources in the high seas can be protected and whether their exploitation should be regulated. As to their protection, it raises the question whether existing sectoral approaches should continue or to create a new mechanism based on an integrated approach. In accordance with the European Union's position, the latter is favoured, while acknowledging that several States still have reservations and question the need for new legal instruments. Concerning the necessity of a regulatory scheme governing their exploitation, existing mechanisms under the Law of the Sea Convention and the Convention on Biological Diversity are examined and it is concluded that they are not applicable or do not provide for specific rules on this issue. It is further presumed that the resulting absence of a clear framework is acceptable because the potential of commercial exploitation is still uncertain, so that there will only be scientific research without vital negative impact on the marine environment in the near future. It is suggested that the international community should rather focus on defining the legal status of genetic resources and clarifying whether they belong to the common heritage of mankind and require a benefit-sharing system, as proposed by developing countries.

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.

scholarly journals Positive Protection: Protecting Genetic Resources Related to Traditional Knowledge in Indonesia

FIAT JUSTISIA ◽  
2018 ◽  
Vol 11 (2) ◽  
pp. 122
Author(s):  
Rohaini Rohaini ◽  
Nenny Dwi Ariani
Keyword(s):  
Developing Countries ◽  
Intellectual Property ◽  
Genetic Resources ◽  
Traditional Knowledge ◽  
Biological Diversity ◽  
Patent Law ◽  
Intellectual Property Right ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
International Pressure

Genetic Resources is a foundation of human life, as a source of food, industrial raw materials, pharmaceuticals, and medicines. From its utilization may provide a financial benefit to the provider and the user of it. Unfortunately, most of it obtained from developing countries through biopiracy, including Indonesia. Furthermore, in the early 1980s, access and benefit sharing (ABS) to genetic resources became an international issue. It leads to the adoption of the Convention on Biological Diversity (CBD) in 1992. However, since it was approved, the whole ideas of excellence of it could not be implemented, a problem on it still arises. Intellectual property right laws, in certain aspects, are possible for using to protect traditional knowledge from their utilization. However, at the same time, intellectual property regime also becomes “a tool” to legitimate of biopiracy practices. Due to massive international pressure, mostly in developing countries, it proposes two kinds of protections, which are positive protection and defensive protection. This paper will examine one of it, which is positive protection. By using the normative method and qualitative approach, this paper identified at least two kinds of positive protections that we can develop to protect genetic resources related to traditional knowledge, which are optimizing the patent law and developing the sui generis law. Furthermore, it can be done by some revision by adding new substances, an improvement on the articles, or even by doing the deletion on certain articles. Moreover, in order to develop the sui generis law, it identified several minimum elements that shall be contained on it, inter alia: the purposes of protection; scope of protection; criteria of protection; the beneficiaries of protection: the holder of traditional knowledge; the kind of rights to be granted; how the rights acquired; how to enforce it; how the rights lost or expired; and dispute resolution.  Keywords: Positive Protection, Genetic Resources, Traditional Knowledge.

scholarly journals Global taxonomy initiative: Building capacity in taxonomy to underpin the conservation of biological diversity

2006 ◽  
Vol 27 (1) ◽  
pp. 16
Author(s):  
Junko Shimura ◽  
Kaduo Hiraki
Keyword(s):  
Decision Making ◽  
United Nations ◽  
Genetic Resources ◽  
Biological Diversity ◽  
Sustainable Use ◽  
Convention On Biological Diversity ◽  
Building Capacity ◽  
The World ◽  
Equitable Sharing ◽  
United Nations Convention

The Global Taxonomy Initiative (GTI) is across cutting issue of the United Nations Convention on Biological Diversity (CBD) to address the lack of taxonomic information and expertise available in many parts of the world, and thereby to improve decision making in conservation, sustainable use and equitable sharing of the benefits derived from genetic resources.

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