Abstract
This chapter aims to ensure a coherent interpretation and integrative implementation of the three objectives of the Convention on Biological Diversity (CBD) in the context of the Nagoya Protocol, by placing an obligation on Parties to encourage individual users and providers to direct benefits arising from the utilization of genetic resources towards conservation and sustainable use. The obligation may not appear very demanding, as Article 9 limits itself to require Parties to 'encourage', but not necessarily to 'ensure', directing benefits to conservation and sustainable use, or adopt specific measures in this regard. It may simply be interpreted as an obligation for Parties to create incentives, but not necessarily enshrining such incentives in domestic law. The chapter discusses the contribution of Article 9 to the coherent interpretation of the three CBD objectives, the means for this provision's implementation, and questions arising from Article 9 in relation to indigenous and local communities.Keywords: Article 9; Convention on Biological Diversity (CBD); domestic law; incentives; Nagoya Protocol
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