Guidance on the eu abs regulation implementing the nagoya. Nagoya protocol and abs case studies dr daniel robinson, senior lecturer, environmental studies, unsw, australia. An explanatory guide to the nagoya protocol on access and. Biodiversity, the variety of life of earth, is protected by an international convention, the convention on biological diversity the cbd. The nagoya protocol on access and benefitsharing, or abs, is the latest protocol to the convention on biological diversity cbd. Fact sheet int9 nagoya protocol on access and sharing benefits arising from the utilisation of genetic resources the nagoya protocol to the convention on biological diversity is an international agreement establishing binding legal obligations relating to access to genetic resources and benefit sharing. It aims to establish a clear, legallybinding framework determining how. The convention on biological diversity was opened for signature on 5 june 1992 at the united. Nagoya protocol on access and benefitsharing 3 nagoya protocol on access and benefitsharing determined to further support the effective implementation of the access and benefitsharing provisions of the convention, recognizing that an innovative solution is required to address the fair and equitable. Study on indigenous peoples and the right to participate in decisionmaking. In particular, iucn welcomes the signature of the nagoya protocol by 92 countries, and it congratulates those 5 countries as of 17 august 2012 that have already ratified the protocol. The user of the genetic resource and or atk is responsible for undertaking due.
Iucn developed an explanatory guide to the nagoya protocol to facilitate the understanding of the legal obligations of the parties under the nagoya protocol on access to genetic resources and the fair and equitable sharing of benefits arising from their utilization abs to the convention on biological diversity. The need to promote and safeguard the fair and equitable sharing of biodiverse genetic sources arose, naturally, from their use. Iucn developed an explanatory guide to the nagoya protocol to facilitate the understanding of the legal obligations of the parties under the nagoya protocol on access to genetic resources and the fair and equitable sharing of benefits arising from their utilization abs. The convention on biological diversity and the nagoya protocol. Pdf an explanatory guide to the nagoya protocol on access. In 2010, the year in which the nagoya protocol on access to genetic resources and the fair and equitable sharing of benefits arising from their utilization to. The term law, environment and development journal 37 1 e. The modules take you step by step through the role of the cbd, the history of the. The protocol on access to genetic resources and the fair and equitable sharing of benefits arising from their utilization, known as the nagoya protocol, was adopted in 2010 and signed by 92 countries.
Nagoya protocol on access and benefit sharing technical brief. This document provides a guide to the nagoya protocol with an explanation of the key points and objectives set out within the protocol. The nagoya protocol on access and benefitsharing is a new international treaty that builds on and supports the implementation of the cbd, in particular one. Nagoya protocol on access and benefit sharing 3 nagoya protocol on access and benefit sharing determined to further support the effective implementation of the access and benefit sharing provisions of the convention, recognizing that an innovative solution is required to address the fair and equitable. The convention on biological diversity and the nagoya. The nagoya protocol on access to genetic resources and the fair and equitable sharing of benefits arising from their utilisation, a supplementary agreement to the convention on biological diversity has now been ratified by 50 states entered into force on 12 october 2014.
Bgci, in collaboration with the royal botanic gardens kew, has created a suite of learning modules on access and benefit sharing, essential for those working in botanic gardens. The primary concepts within the nagoya protocol access to resources, prior informed consent, mutually agreed terms, equitable sharing have been present since the original convention, signed in 1992. Sharing natures genetic resources implementing the. Cartagena protocol on biosafety aims to ensure the safe handling, transport and use of living modified organisms lmos resulting from modern biotechnology that may have adverse effects on biological diversity, taking also into account risks to human health nagoya protocol on. The work of the ad hoc openended intergovernmental committee for the nagoya protocol on access and benefit sharing icnp. Pdf the adoption of the nagoya protocol on access and benefitsharing to the convention on biological diversity in 2010 is a major. Nagoya protocol on access to genetic resources and benefit. What you need to know about access and benefit sharing and the nagoya protocol. This is not to say that the raison detre of the cbd is not important, just that is was not necessarily conceived with the. A commentary on the nagoya protocol on access and benefitsharing to the convention on biological diversity legal studies on access and benefitsharing professor in global environmental law elisa morgera, elsa tsioumani, matthias buck on. In particular, it shall provide access to information made available by each party relevant to the implementation of this protocol, e. The hope is that when it enters into force in a year or so, it will create new incentives for countries to protect their natural capital while enabling businesses to develop useful new products. In order to ratify this treaty the eu and the uk must set down new rules.
Pdf on jan 1, 2012, thomas greiber and others published an explanatory guide to the nagoya protocol on access and benefit sharing find, read and cite all the research you need on researchgate. Benefitsharing consider various nonmonetary and monetary benefits. Nagoya protocol on access to genetic resources and the fair and equitable sharing of. The convention on biological diversity, its nagoya protocol, and. The guidelines identify the steps in the access and benefitsharing process, with an emphasis on the obligation for users to seek the prior informed consent of providers.
An international treaty called the nagoya protocol on access and benefit sharing for genetic resources was signed in 2011. The nagoya protocol also contains rules concerning access measures but those are not. The nagoya protocol on access and benefitsharing abs initiative. The nagoya protocol and plant collection responsibilities training day booklet 2015 at royal botanic gardens, kew. The nagoya protocol on access and benefit sharing is the latest protocol to the convention on biological diversity cbd. Pdf access and benefit sharing under nagoya protocol and. What the nagoya protocol adds is a more robust framework as to how this will be achieved. The nagoya protocol on access to genetic resources and the fair and equitable sharing of benefits arising from their utilization to the convention on biological diversity is an international agreement which aims at sharing the benefits arising from the utilization of genetic resources in a fair and equitable way, including by appropriate access.
Legal lessons learned in the pharmaceutical, food and cosmetics sectors. 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. The nagoya protocol on access and benefits sharing was adopted in 2010 as part of the international treaty known as the convention on biological diversity cbd. Unraveling the nagoya protocol a commentary on the. During the day the speakers explained the development, understanding and use of the cbd, abs and nagoya protocol legislation. Oct 04, 2017 the need to promote and safeguard the fair and equitable sharing of biodiverse genetic sources arose, naturally, from their use. Apr 20, 2018 those interested in further exploring the implications of the nagoya protocol should consider attending esas 2018 annual meeting special session, navigating the shifting landscape of international research and collaboration.
A commentary on the nagoya protocol on access and benefit sharing to the convention on biological diversity legal studies on access and benefit sharing professor in global environmental law elisa morgera, elsa tsioumani, matthias buck on. An explanatory guide to the nagoya protocol on access and benefit. Justice, equity and benefitsharing under the nagoya protocol. Its implementation can lead to two fundamentally different processes. Sep 20, 2011 the nagoya protocol on access to genetic resources and the fair and equitable sharing of benefits arising from their utilization to the convention on biological diversity is an international agreement which aims at sharing the benefits arising from the utilization of genetic resources in a fair and equitable way, including by appropriate access to genetic resources and by appropriate transfer. Abstract on 30 october 2010, the nagoya protocol on access to genetic resources and the fair and equitable sharing of benefits to the convention on biological diversity was successfully adopted. Introduction adopted on october 2010 in nagoya, japan1 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 np2 opened for signature on 2 february 2011 until 1 february 2012 and will, according to article 33 of the np, come into. Jun 02, 2015 was from a country that is party to the nagoya protocol and has access and benefit sharing abs legislation. The email address and password combination you entered is incorrect. The nagoya protocol on access and benefit sharing is an international environmental agreement that concerns environmental sustainability, other sustainable development issues and equity. Justice, equity and benefitsharing under the nagoya. Nagoya protocol on access and benefitsharing global. Study to analyse legal and economic aspects of implementing the.
Country profile access and benefitsharing clearinghouse. Draft resolution that, in terms of section 231 of the constitution, the nagoya protocol on access to genetic. The nagoya protocol on access to genetic resources and the fair. Perspective from japan ryo kohsaka kanazawa university, graduate school of human and socioenvironmental studies, associate professor. Fact sheet nagoya protocol and public health world health. The nagoya protocol on access to genetic resources and the fair and equitable sharing of benefits arising from their utilization to the convention on biological diversity, also known as the nagoya protocol on access and benefit sharing abs is a 2010 supplementary agreement to the 1992 convention on biological diversity cbd. Questions and answers on access and benefitsharing.
The convention on biological diversity cbd had already established the fair and equitable sharing of benefits as one of its main objectives, and also outlined basic. Problem structure, regime design and implementation challenges 32 2015 9 2 30 53 genetic resources and the fair and equitable sharing of benefits arising from their utilization nagoya protocol. May 26, 2015 to that end, the article uses the nagoya protocol to the convention on biological diversity as a testing ground for. Those interested in further exploring the implications of the nagoya protocol should consider attending esas 2018 annual meeting special session, navigating the shifting landscape of international research and collaboration. Substantive and procedural injustices relating to indigenous peoples human rights. Nagoya protocol on access and benefit sharing is the main global mechanism to regulate the access and utilization of biological resources. Access and benefitsharing for traditional knowledge associated with. Making the nagoya protocol work at the community level. Indeed, in a seventh meeting on this subject, in 2004, an ad hoc openended working group on access and benefit sharing was formed.
Nov 03, 2014 the primary concepts within the nagoya protocol access to resources, prior informed consent, mutually agreed terms, equitable sharing have been present since the original convention, signed in 1992. The abs clearinghouse is a key tool for facilitating the implementation of the nagoya protocol, by. Delegates were reminded that benefit sharing does not necessarily mean money, and discussions identified both the moral and legal approaches to abs and the nagoya protocol. The access and benefit sharing clearinghouse abs clearinghouse is a platform for exchanging information on access and benefit sharing established by article 14 of the protocol, as part of the clearinghouse of the convention established under article 18, paragraph 3 of the convention. What you need to know about access and benefit sharing and. The nagoya protocol on access to genetic resources and the fair and equitable sharing of benefits arising from their utilization to the convention on biological diversity, is a legally binding treaty negotiated and adopted under the auspices of the cbd in nagoya, japan in 2010. Sharing, and the nagoya protocol on monday, 6 august, 10. The objective of the nagoya protocol is the fair and equitable sharing of the benefits arising from the utilization of genetic resources, including by appropriate access to genetic resources and by appropriate transfer of relevant technologies, taking into account all rights over those resources and to technologies, and by appropriate funding, thereby contributing to the. Protocol on access to genetic resources and the fair and equitable sharing of benefits arising from their utilization np. The main goal of this explanatory guide is to facilitate the understanding of the legal obligations of the parties under the nagoya protocol on access to genetic resources and the fair and equitable sharing of benefits arising from their utilization abs to the convention on biological diversity. Resources and the fair and equitable sharing of benefits arising from their utilization is a multilateral environmental. Cartagena protocol on biosafety aims to ensure the safe handling, transport and use of living modified organisms lmos resulting from modern biotechnology that may have adverse effects on biological diversity, taking also into account risks to human health nagoya protocol on access and benefit sharing.
The nagoya protocol on access to genetic resources and the fair and equitable sharing of benefits arising from their utilization builds on the convention on biological diversity and supports the further implementation of one of its three objectives. The nagoya protocol on access and benefitsharing t. The nagoya protocol on access to genetic resources and the fair and equitable sharing of benefits arising from their utilization kathryn garforth programme officer, access and benefitsharing secretariat of the convention on biological diversity. The nagoya protocol on access to genetic resources and the fair and equitable sharing of benefits arising from their utilization to the convention on biological diversity is an international agreement which aims at sharing the benefits arising from the utilization of genetic resources in a fair and equitable way. An explanatory guide to the nagoya protocol on access and benefitsharing. The nagoya protocol on access to genetic resources and the. Lessons from the belgian case brendan coolsaet, tom dedeurwaerdere and john pitseys. Nagoya protocol and plant collection responsibilities. Nagoya protocol on access and benefit sharing technical brief the nagoya protocol on access and benefit sharing is a landmark in the international governance of biodiversity. Mar 17, 2018 reports from the meeting held on 16th march 2018 at chester zoo. This is the concept of access and benefit sharing, or abs. Invited contributors katie beckett, abs project manager, regulatory delivery, department of business, energy and industry. Sharing natures genetic resources implementing the nagoya.
The negotiating history of the nagoya protocol on abs. Nagoya protocol on access and benefit sharing wipo. Pdf an explanatory guide to the nagoya protocol on. The nagoya protocol on access and benefitsharing is an international. It addresses a complex subject matter that affects a range of research, development and commercial activities and is relevant to different areas of. Sharing natures genetic resources implementing the nagoya protocol on access and benefit sharing tuesday 24th january 2017 the claremont suite, doubletree by hilton, islington, 60 pentonville road, london, n1 9la. Implementing the nagoya protocol in the uk defra citizen. Expert mechanism on the rights of indigenous peoples fourth session, geneva 1115 july 2011 agenda item 4. Introduction to access and benefitsharing and the nagoya protocol.
Nagoya protocol on access and benefit sharing bioscience. The challenges for implementing the nagoya protocol in a multilevel governance context. Access and benefit sharing under nagoya protocol and sustainable developmenta critical analysis. Abs stands for access and benefitsharing, meaning access to genetic resources and the fair and equitable sharing of benefits that are derived from their.
The access and benefitsharing clearinghouse abs clearinghouse is a platform for exchanging information on access and benefitsharing established by article 14 of the protocol, as part of the clearinghouse of the convention established under article 18, paragraph 3 of the convention. Thompson, the making of the english working class london. The agreementwhose official name is the nagoya protocol on access to genetic resources and the fair and equitable sharing of benefits arising from their utilization to the convention on biological diversityhas been in the making since 1998. The nagoya protocol on access to genetic resources and the fair and equitable sharing of benefits arising from their utilization the abs protocol is an international agreement that implements the access and benefitsharing obligations of the convention on biological diversity cbd.
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