ACCESS AND BENEFIT SHARING UNDER NAGOYA PROTOCOL AND SUSTAINABLE DEVELOPMENT: A CRITICAL ANALYSIS
AbstractThe 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.
2. Fisher, B., and Christopher T., (2007). Poverty and Biodiversity: Measuring the overlap of human poverty and the biodiversity hotspots. Ecological Economics 62: pp 93-101.
3. Fitsmaurize, M. (2009) Contemporary Issues in International Environmental Law, Edgar Elgar.
4. Grajal, A. (1999), Bio-Diversity and the Nation State, Regulating Access to Genetic Resources Limits to Biodiversity Research in Developing Countries, Conservation Biology 6-10.
5. Katharina R. Von B & Konstantia Koutouki, (2011) The Nagoya Protocol: Status of Indigenous and Local Communities, Vermont Journal of international law Vol 13, mp 513-535. Kemal B, (1988), The Concept of the Common Heritage of Mankind in International Law, Hague, Martinus Nijhoff.
6. Louka, E (2006) International Environmental law, Fairness Effectiveness and World Order, Cambridge.
7. M. Tvedt., Young T, (2007) Beyond Access: Exploring the Implementation of the Fair and Equitable Sharing Commitment in the CBD, IUCN Environmental Policy and Law Paper No. 67/2, Bonn Germany, IUCN Environmental Law Centre.
8. Michael R, (2003), Poverty Reduction, Equity and Climate Change: Global Governance Synergies or Contradictions? In Globalisation and poverty reduction Programme, London. Overseas Development Institute.
9. Nijar, G.S, (2010), Nagoya Protocol on Access and Benefit Sharing of Genetic resources: An Analysis, (CebLaw), Center of Excellence for Bio Diversity Law.
10. Patria, Birnie, Alan, B, (2009), International law and the Environment, Oxford.
11. Pistorius, R. (1997). Scientists, Plants, and Politics: A History of the Plant Genetic Resources movement, United States, Diane Publishing Company.
12. Pramod P, (2001) Learning from Ecological Ethnicities: Toward a Plural Political Ecology of Knowledge, in (John A. Grim Ed.) Indigenous Traditions and Ecology: The Inter-being of Cosmology and Community, (p 559-574),
13. Zinatul, A, Zainol, L.A, (2011), Bio Piracy and States Sovereignty over their Biological resources, African Journal of Bio Technology, 12395-12408.