Implementing the Nagoya Protocol on Access and Benefit-Sharing in China: the Emerging Legal Issues

2021 ◽  
Author(s):  
Nan Xia
Keyword(s):  
Legal System ◽  
Biological Diversity ◽  
Legal Issues ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Access And Benefit Sharing ◽  
Nagoya Protocol ◽  
Full Effect ◽  
Draft Regulation

This Article critically examines the implementation of the Nagoya Protocol on Access and Benefit Sharing under the Convention on Biological Diversity (CBD) by the Chinese Legal system. While referring to the major provisions of the Nagoya Protocol, the Article seeks to investigate how far the Draft Regulation (2017) in China is meeting the requirements of the Nagoya Protocol and what needs to be done in giving full effect to the obligations of the Protocol.

India: Implementing the Nagoya Protocol on Access and Benefit-Sharing: Emerging Legal Challenges

2021 ◽  
pp. 1-6
Author(s):  
Deva M. Prasad ◽  
Suchithra C. Menon
Keyword(s):  
Public Participation ◽  
Biological Diversity ◽  
Legal Issues ◽  
Institutional Framework ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Access And Benefit Sharing ◽  
Nagoya Protocol ◽  
Legal Challenges

The Nagoya Protocol on Access and Benefit-Sharing was adopted to help clarify the existing provisions regarding access to bio-resources as described in the Convention on Biological Diversity. India’s domestic access and benefit-sharing (ABS) mechanism leaves much to be desired in terms of legislative design and with regard to its adherence to the environmental principles of public participation and equity. This article highlights the emerging legal issues pertaining to these aspects of ABS under India’s Biodiversity Act. Its discussion makes a case for revamping the legislative and institutional framework for effective ABS in India.

Protecting Traditional Knowledge Holders' Interests and Preventing Misappropriation—Traditional Knowledge Commons and Biocultural Protocols: Necessary but Not Sufficient?

2012 ◽  
Vol 19 (3) ◽  
pp. 401-422 ◽  
Author(s):  
Krishna Ravi Srinivas
Keyword(s):  
Informed Consent ◽  
Traditional Knowledge ◽  
Biological Diversity ◽  
Indigenous Communities ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Access And Benefit Sharing ◽  
Nagoya Protocol ◽  
Prior Informed Consent ◽  
Knowledge Commons

AbstractThe experience of the indigenous communities regarding access and benefit sharing under the national regimes based on provisions of Convention on Biological Diversity and Bonn Guidelines has not been satisfactory. The communities expect that noncommercial values should be respected and misappropriation should be prevented. Some academics and civil society groups have suggested that traditional knowledge commons and biocultural protocols will be useful in ensuring that while noncommercial values are respected, access and benefit sharing takes place on conditions that are acceptable to the communities. This proposal is examined in this context in the larger context of access and benefit sharing under the Convention on Biological Diversity and implementing prior informed consent principles in access and benefit sharing. This article examines knowledge commons, provides examples from constructed commons in different sectors and situates traditional knowledge commons in the context of debates on commons and public domain. The major shortcomings of traditional commons and bicultural protocol are pointed out, and it is suggested that these are significant initiatives that can be combined with the Nagoya Protocol to fulfill the expectations of indigenous communities.

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 Preparing for the new age of the Nagoya Protocol in scientific ocean drilling

2018 ◽  
Vol 24 ◽  
pp. 51-59
Author(s):  
Nan Xiao ◽  
Naokazu Ahagon ◽  
Yusuke Kubo ◽  
Hajimu Morioka
Keyword(s):  
Biological Diversity ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Deep Biosphere ◽  
Access And Benefit Sharing ◽  
International Convention ◽  
Nagoya Protocol ◽  
Ocean Drilling ◽  
Scientific Attention ◽  
International Collaborative Research

Abstract. Deep biosphere research has become one of the major scientific focuses in ocean drilling science. Increased scientific attention to microbiological research of the subseafloor environment raises the complications and concerns related to adherence to the Nagoya Protocol of the Convention on Biological Diversity (CBD). The Nagoya Protocol's implementation has prompted new legislation that could change international collaborative research on the geomicrobiology of the subseafloor. In this paper, we summarize the central points of the Nagoya Protocol on access and benefit-sharing (ABS) and discuss their relationship to ocean drilling research. In addition, we addressed the challenges faced by ocean drilling in complying with this international convention.

scholarly journals Awareness of the Convention on Biological Diversity and provisions regarding access and benefit sharing among multiple stakeholder groups in Bhutan

Oryx ◽  
2019 ◽  
Vol 54 (5) ◽  
pp. 735-742
Author(s):  
Sonam Wangyel Wang ◽  
Woo Kyun Lee ◽  
Jeremy Brooks ◽  
Chencho Dorji
Keyword(s):  
Rural Communities ◽  
Traditional Knowledge ◽  
Biological Diversity ◽  
National Level ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Structured Interviews ◽  
Access And Benefit Sharing ◽  
Nagoya Protocol ◽  
Stakeholder Groups

AbstractAs part of the Convention on Biological Diversity (CBD), the Nagoya Protocol on Access and Benefit Sharing calls for ‘fair and equitable sharing of benefits’ derived from the use of genetic resources and traditional knowledge. However, implementation of the Convention and the Nagoya Protocol has been challenged by the inadequacies of existing policies, lack of national-level frameworks, and inadequate knowledge among stakeholders. We used focus group meetings and structured interviews with rural communities, government representatives, researchers and Members of Parliament in Bhutan to collect data on awareness, knowledge and perceptions of components of the CBD related to access and benefit sharing. Our study indicated generally low levels of awareness about most components of the Convention, particularly among rural residents. Although local people in rural communities feel that benefits derived from local biological resources and traditional knowledge should be shared, there is uncertainty about who owns these resources. These results indicate that there is an urgent need to develop educational and awareness programmes, using a variety of media, to target particular stakeholder groups, with emphasis on residents in rural communities. This could empower local communities to participate meaningfully in decision-making processes to develop Bhutan's national access and benefit sharing framework, and to allow them to benefit from the conservation and sustainable use of local resources.

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 How to regulate access and benefit-sharing: Stakeholder insights on provider country legislation

2019 ◽  
Vol 3 ◽  
Author(s):  
Ays Sirakaya
Keyword(s):  
Genetic Resources ◽  
Environmental Sustainability ◽  
Biological Diversity ◽  
Regulatory Mechanisms ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Access And Benefit Sharing ◽  
Nagoya Protocol ◽  
National Implementation ◽  
Rich Countries

The over-arching aim of the access and benefit-sharing (ABS) of genetic resources under the Convention on Biological Diversity (CBD) and the Nagoya Protocol is to enable fair distribution of benefits between the users (such as universities and biotech companies) and providers (such as biodiversity-rich countries) so as to both open the doors for innovation and create incentives for biodiversity conservation. Access to genetic resources is crucial not only for research related to conservation of genetic resources, but essential to many different research disciplines in general. Therefore, access to genetic resources in general as well as benefit-sharing from that access is a key element of the United Nations Sustainable Development Goal 15 Target 6 of the and in order to secure research as well as environmental sustainability and resource availability. ABS is a rapidly developing and evolving field that is shaped by the implementation of the Parties. This means that the national implementation of the Parties determines how ABS goals are realised and how ABS principles find form within regulatory mechanisms. These principles are found in international legal documents such as the CBD as well as the Nagoya Protocol. Additionally, decisions and guidelines drafted by the Conference of the Parties to the Convention on Biological Diversity shape these principles that are then to be fulfilled by the Parties when drafting their ABS laws by means of implementing these principles into their national legal systems. This article reviews a portion of these national ABS laws, implemented by provider countries throughout the world with the aim of describing the different types of regulatory mechanisms provider countries use. This descriptive approach is then followed by an empirical comparative analysis through semi-structured stakeholder interviews in order to identify the most beneficial regulatory mechanisms according to ABS experts that belong in four different stakeholder groups (provider countries, academic users, industrial users and collections).

The Nagoya Protocol and Access and Benefit Sharing regulations of the Convention on Biological Diversity (CBD) and its impacts on botanic gardens' collections and research.

2021 ◽  
Vol 16 (034) ◽  
Author(s):  
Michael Kiehn
Keyword(s):  
Biological Diversity ◽  
National Level ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Botanic Gardens ◽  
Access And Benefit Sharing ◽  
Nagoya Protocol ◽  
Negative Impacts ◽  
The Many ◽  
Commercial Research

Abstract At its 10th meeting in 2010, the Conference of the Parties of the CBD adopted the 'Nagoya Protocol (NP) on access to genetic resources and the fair and equitable sharing of benefits arising from their utilisation' which entered into force on 12 October 2014. Currently, the NP has been adopted by 129 parties, including the EU. This article reviews information retrieved from a variety of different sources dealing with the implications of Access and Benefit Sharing (ABS) regulations, including the NP, for biological collections, especially regarding material accession, conservation and research in botanic gardens. Problems encountered with adhering to ABS regulations and the NP include the following: increasing bureaucratic and administrative burdens arising from the many different ABS-related regulations at the national level; difficulties in identifying and engaging with national authorities designated as competent signatories for the NP in user and provider countries; and problems arising from ambivalent and inconsistent use of terms in the NP and in national ABS legislation. The authors encourage parties to fulfil the CBD requirement for 'simplified measures on access for non-commercial research purposes' and point out that NP-related impediments to conservation (and fundamental research) will have negative impacts on human development and biodiversity.

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