Article 10. Global Multilateral Benefit-sharing Mechanism

Abstract

In the context of the mainly bilateral Access and Benefit-sharing (ABS) system set up by the Nagoya Protocol, Article 10 refers to the possible creation of a multilateral benefit sharing mechanism at the global level for two situations - transboundary situations or situations when it is not possible to grant or obtain Prior Informed Consent (PIC). The first situation to which a potential multilateral benefit-sharing mechanism may apply is that of the utilization of genetic resources and of traditional knowledge associated with genetic resources17 that occur in 'transboundary situations'. The Nagoya Protocol promotes a coherent interpretation and integrative implementation of the three Convention on Biological Diversity (CBD) objectives in the context of ABS. This chapter concludes with the brief assessment of the possible contribution of Article 10 to the holistic implementation of the Convention in the context of ABS.Keywords: Convention on Biological Diversity (CBD); genetic resources; multilateral benefit-sharing mechanism; Nagoya Protocol; Prior Informed Consent (PIC); transboundary situations