The Nagoya Protocol on the use of genetic resources:
one embodiment of an endless discussion
DOI:
https://doi.org/10.18472/SustDeb.v2n1.2011.3906Keywords:
Biodiversity, Genetic Resources, Access and Benefit-Sharing, Biodiplomacy, BrazilAbstract
The purpose of this article is to highlight the process of negociation of the Nagoya
Protocol on the use of genetic resources, adopted in october of 2010. While providing
an overview of the myths and realities of biodiversity exploitation, it discusses
how and why the arguments used by developing and developed countries were
finally conciliated, resulting in a new international legal framework. The article
shows wether the Protocol manages to implement Convention on Biological
Diversity and to be consistent with relevant international law (on intellectual
property for instance). It also aims at assessing if the Protocol is likely to reduce
the everlasting gap between the legal concepts built by « biodiplomacy » and the
actual needs and practices of scientists and companies. It finally estimates the
impacts on the already existing frameworks, focusing on the Brazilian experience.
Downloads
References
BOISVERT Valérie (dir.). Les marchés de la
biodiversité. Paris: Éditions de l’IRD, 2007. 269
p.
Earth Negotiations Bulletin, Summary of the
Tenth Conference of the Parties to the
Convention on Biological Diversity: 18-29
October 2010, Vol. 9 n° 5442, Monday, 1
November 2010/ http://www.iisd.ca/bioidv/
cop10/
ETC GROUP. The New Biomassters -
Synthetic Biology and The Next Assault on Biodiversity and Livelihoods; Geopiracy: The
Case Against Geoengineering, new report.
2010. http://www.etcgroup.org/en/node/5229
FILOCHE Geoffroy. Les connaissances,
innovations et pratiques traditionnelles en
matière de biodiversité : un kaléidoscope
juridique. Droit et Société, n° 72 (2), 2009. pp.
433-456.
SECRETARIAT OF THE CONVENTION ON
BIOLOGICAL DIVERSITY. Global
Biodiversity Outlook 3 (GBO-3). Montreal,
2010. 94 p. http://gbo3.cbd.int/
UNEP/CDB/COP/DEC/X/, Nagoya Protocol on
Access to Genetic Resources and the Fair and
Equitable Sharing of Benefits Arising from
their utilization, 2010, 25 p. http://www.cbd.int/
nagoya/outcomes/
Downloads
Published
How to Cite
Issue
Section
License
Copyright (c) 2011 Sustentabilidade em Debate
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
SUSTAINABILITY IN DEBATE – Copyright Statement
The submission of original scientific work(s) by the authors, as the copyright holders of the text(s) sent to the journal, under the terms of Law 9.610/98, implies in the concession of copyrights of printed and/or digital publication to the Sustainability in Debate Journal of the article(s) approved for publication purposes, in a single issue of the journal. Furthermore, approved scientific work(s) will be released without any charge, or any kind of copyright reimbursement, through the journal’s website, for reading, printing and/or downloading of the text file, from the date of acceptance for publication purposes. Therefore, the authors, when submitting the article (s) to the journal, and gratuitous assignment of copyrights related to the submitted scientific work, are fully aware that they will not be remunerated for the publication of the article(s) in the journal.
The Sustainability in Debate Journal is licensed under Creative Commons License – Non-Commercial-No-Derivation Attribution (Derivative Work Ban) 3.0 Brazil, aiming at dissemination of scientific knowledge, as indicated on the journal's website, which allows the text to be shared, and be recognized in regards to its authorship and original publication in this journal.
Authors are allowed to sign additional contracts separately, for non-exclusive distribution of the works published in the Sustainability in Debate Journal (for example, in a book chapter), provided that it is expressed the texts were originally published in this journal. Authors are allowed and encouraged to publish and distribute their text online, following publication in Sustainability in Debate (e.g. in institutional repositories or their personal pages). The authors expressly agree to the terms of this Copyright Statement, which will be applied following the submission and publishing by this journal.
