Access and benefit-sharing in China: exploring the extent to which China fulfils the obligations of the Nagoya Protocol

Abstract

This article critically examines the implementation of the Nagoya Protocol on Access and Benefit Sharing under the Convention on Biological Diversity (CBD) through China’s Draft Regulation (2017). The Draft Regulation is still in draft form, but it definitely breaks new ground by establishing the most comprehensive piece of legislation for access and benefit-sharing (ABS) in China. Nevertheless, what is surprising is the absence of rigorous analysis of this ground-breaking legislation. In an attempt to fill the literature gap, while referring to the major provisions of the Nagoya Protocol, this article seeks to investigate how far the Draft Regulation (2017) in China is meeting the requirements of the Nagoya Protocol, identify its normative gaps and figure out what needs to be done in giving full effect to the obligations of the Nagoya Protocol.