Article 3. Scope

Abstract

This chapter discusses the ambiguity in the delineation of the subject-matter scope of the Nagoya Protocol and analyzes outstanding questions related to its temporal and spatial scope. Article 3 appears to distinguish between the scope of Protocol in relation to genetic resources, which is delimited by a specific reference to Article 15 of the Convention, and the scope in relation to traditional knowledge, which refers to the general scope of Convention. Basically, the Protocol drafters' main concern was to implicitly exclude bioprospecting activities on marine genetic resources in areas beyond national jurisdiction from the scope of the Protocol. The Protocol is silent on questions related to temporal and spatial scope. The chapter concludes that an interpretative decision or guidance by the Protocol's governing body may thus become necessary, particularly if the discussions under the General Assembly do not make significant progress by the time the Nagoya Protocol comes into force.Keywords: marine genetic resources; Nagoya Protocol; spatial scope; temporal scope; traditional knowledge