scholarly journals Marine Genetic Resources, the Nagoya Protocol and the Law of the Sea

2018 ◽  
Author(s):  
Sabine Zajderman
Keyword(s):  
Genetic Resources ◽  
Scientific Community ◽  
Scientific Discovery ◽  
Industrial Applications ◽  
Benefit Sharing ◽  
Law Of The Sea ◽  
Access And Benefit Sharing ◽  
Nagoya Protocol ◽  
National Jurisdiction ◽  
The Law

The access and benefit-sharing (ABS) of marine genetic resources (MGRs) within national jurisdiction have received very little interest among scholars and in international discussions. This may seem somewhat surprising given the fact that the vast majority of MGRs with potential for scientific discovery and industrial applications, including deep-sea organisms, are currently predominantly sourced within national jurisdiction. Such neglect is regrettable. Many countries could undoubtedly benefit from better guidance on how to implement effective national ABS regulatory frameworks that address the governance of MRGs and marine bioprospecting activities in sea areas under their jurisdiction. Familiarising the scientific community with the evolving international framework governing the access and utilisation of those resources would be just as relevant. With this in mind, this contribution will examine the interplay between the Law of the Sea and the Nagoya Protocol, the two primary international instruments setting out the conditions for the ABS of MGRs within national jurisdiction and provide an overview of the core provisions on the various rights and obligations of coastal States (providers of MGRs) and researching States (users of MGRs) under both instruments. Finally, the importance of the involvement of the scientific community in the international ABS process will be highlighted.

scholarly journals Marine Genetic Resources, the Nagoya Protocol and the Law of the Sea

2018 ◽  
Author(s):  
Sabine Zajderman
Keyword(s):  
Genetic Resources ◽  
Scientific Community ◽  
Scientific Discovery ◽  
Industrial Applications ◽  
Benefit Sharing ◽  
Law Of The Sea ◽  
Access And Benefit Sharing ◽  
Nagoya Protocol ◽  
National Jurisdiction ◽  
The Law

The access and benefit-sharing (ABS) of marine genetic resources (MGRs) within national jurisdiction have received very little interest among scholars and in international discussions. This may seem somewhat surprising given the fact that the vast majority of MGRs with potential for scientific discovery and industrial applications, including deep-sea organisms, are currently predominantly sourced within national jurisdiction. Such neglect is regrettable. Many countries could undoubtedly benefit from better guidance on how to implement effective national ABS regulatory frameworks that address the governance of MRGs and marine bioprospecting activities in sea areas under their jurisdiction. Familiarising the scientific community with the evolving international framework governing the access and utilisation of those resources would be just as relevant. With this in mind, this contribution will examine the interplay between the Law of the Sea and the Nagoya Protocol, the two primary international instruments setting out the conditions for the ABS of MGRs within national jurisdiction and provide an overview of the core provisions on the various rights and obligations of coastal States (providers of MGRs) and researching States (users of MGRs) under both instruments. Finally, the importance of the involvement of the scientific community in the international ABS process will be highlighted.

Current ‘Light’ and ‘Heavy’ Options for Benefit-sharing in the Context of the United Nations Convention on the Law of the Sea

2018 ◽  
Vol 33 (4) ◽  
pp. 683-705 ◽  
Author(s):  
Gaute Voigt-Hanssen
Keyword(s):  
United Nations ◽  
Genetic Resources ◽  
Technological Development ◽  
Benefit Sharing ◽  
Law Of The Sea ◽  
Access And Benefit Sharing ◽  
National Jurisdiction ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law

Abstract An international legally binding instrument under the United Nations Convention on the Law of the Sea (LOSC) will need to address “Marine Genetic Resources (MGRs), including questions on the sharing of benefits” from areas outside national jurisdiction (ABNJ). Existing international models of benefit-sharing have all evolved in the context of national jurisdiction and cannot readily be put to use in ABNJ. Current use of MGRs from ABNJ is practically non-existent, although any instrument or model would have to both cater for this situation and provide for any potential technological development and increase in use. The aim of this paper is to provide a simplified overview of options for access and benefit-sharing, drawing on existing models from international and national instruments. Existing options could be analysed through separating access from benefit-sharing and assessing them factually in terms of how ‘light’ and ‘heavy’ they are.

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 An open-source GIS-enabled lookup service for Nagoya Protocol party information

Database ◽  
2020 ◽  
Vol 2020 ◽  
Author(s):  
Hendrikje Seifert ◽  
Marc Weber ◽  
Frank Oliver Glöckner ◽  
Ivaylo Kostadinov
Keyword(s):  
Data Management ◽  
Genetic Resources ◽  
Open Source ◽  
Scientific Data ◽  
Research Data ◽  
Benefit Sharing ◽  
Cloud Infrastructure ◽  
Clearing House ◽  
Access And Benefit Sharing ◽  
Nagoya Protocol

Abstract The Nagoya Protocol on Access and Benefit Sharing is a transparent legal framework, which governs the access to genetic resources and the fair and equitable sharing of benefits arising from their utilization. Complying with the Nagoya regulations ensures legal use and re-use of data from genetic resources. Providing detailed provenance information and clear re-usage conditions plays a key role in ensuring the re-usability of research data according to the FAIR (findable, accessible, interoperable and re-usable) Guiding Principles for scientific data management and stewardship. Even with the framework provided by the ABS (access and benefit sharing) Clearing House and the support of the National Focal Points, establishing a direct link between the research data from genetic resources and the relevant Nagoya information remains a challenge. This is particularly true for re-using publicly available data. The Nagoya Lookup Service was developed for stakeholders in biological sciences with the aim at facilitating the legal and FAIR data management, specifically for data publication and re-use. The service provides up-to-date information on the Nagoya party status for a geolocation provided by GPS coordinates, directing the user to the relevant local authorities for further information. It integrates open data from the ABS Clearing House, Marine Regions, GeoNames and Wikidata. The service is accessible through a REST API and a user-friendly web form. Stakeholders include data librarians, data brokers, scientists and data archivists who may use this service before, during and after data acquisition or publication to check whether legal documents need to be prepared, considered or verified. The service allows researchers to estimate whether genetic data they plan to produce or re-use might fall under Nagoya regulations or not, within the limits of the technology and without constituting legal advice. It is implemented using portable Docker containers and can easily be deployed locally or on a cloud infrastructure. The source code for building the service is available under an open-source license on GitHub, with a functional image on Docker Hub and can be used by anyone free of charge.

scholarly journals Bioprospecting in the High Seas: Existing Rights and Obligations in View of a New Legal Regime for Marine Areas beyond National Jurisdiction

2014 ◽  
Vol 29 (2) ◽  
pp. 321-343 ◽  
Author(s):  
Ane Jørem ◽  
Morten Walløe Tvedt
Keyword(s):  
Biological Diversity ◽  
Patent Law ◽  
Benefit Sharing ◽  
Law Of The Sea ◽  
Convention On Biological Diversity ◽  
Legal Regime ◽  
National Jurisdiction ◽  
The Law ◽  
Marine Areas ◽  
High Seas

This article examines the law governing bioprospecting in the high seas and subsequent use of biological material. Seen in relation to the on-going debate on a new legal regime for marine areas beyond national jurisdiction, the authors explore the degree to which existing rights and obligations under the law of the sea and patent law could coincide with one of the objectives of the Convention on Biological Diversity, namely that of promoting benefit sharing. The activity of bioprospecting is examined in light of the different freedoms of the high seas, making the point that different interpretations give different indications of existing provisions on benefit sharing. In particular, the regime for marine scientific research under the law of the sea exemplifies different ways for sharing benefits, all of which run up against implementation challenges when seen in relation to rights awarded by patents to inventions resulting from bioprospecting.

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).

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.

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