Abstract
This chapter highlights a few of the more important challenges relating to the scope of the Nagoya Protocol, access and compliance, as well as several issues related to traditional knowledge. It also explores specific challenges related to the implementation of the Protocol in federal systems. The chapter concludes by mapping the way forward, both in terms of developing national legislation and adopting Conference of the Parties (COP) / meeting of the Parties (MOP) decisions, offering potential solutions to key implementation challenges deriving from the final formulation of the Protocol, from an Asian developing country's perspective. To illustrate these challenges, Malaysia is referred to as a case study. Unlike the Nagoya Protocol, the Convention on Biological Diversity (CBD) includes no precondition that the requirements of prior informed consent (PIC) and mutually agreed terms (MAT) are to be fulfilled through a law or regulatory requirement. Keywords:Asian developing country; compliance; Convention on Biological Diversity (CBD); implementation challenges; Malaysia; mutually agreed terms (MAT); Nagoya Protocol; prior informed consent (PIC); traditional knowledge
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