Chapter 4. A Healthy Look at the Nagoya Protocol—Implications for Global Health Governance

Abstract

This chapter discusses the scope of Nagoya Protocol Article 8.b and its relationship with other provisions in the Nagoya Protocol. It addresses the WHO Pandemic Influenza Preparedness Framework (PIP Framework) and its status as a specialised access and benefit-sharing (ABS) instrument within the meaning of the Nagoya Protocol. The chapter provides some lessons and conclusions on positive linkages between ABS and public health efforts. It argues that Nagoya Protocol Article 8.b calls upon states to ensure that normal ABS rules and procedures do not interfere with public health efforts. The chapter concludes that it is of vital importance for the global public health governance system that the Nagoya Protocol generally captures genetic resources with pathogenic and anti-pathogenic properties, thus remaining applicable as a fallback option. Article 8.b of the Nagoya Protocol requires countries to design their domestic ABS legislation in a manner that pays due regard to health emergencies. Keywords:access and benefit-sharing (ABS); genetic resources; global public health governance; health emergencies; Nagoya Protocol; WHO PIP Framework