From North to South: Legal Pathways to Stimulate Biodiversity Conservation in Developing Countries Through Transboundary Trade in Biodiversity Resources

Abstract

This paper examines the need and options for imposing biodiversity conservation upon supply countries (mostly developing countries), through legal measures taken in demand countries (mostly developed countries), when trading in biodiversity resources. While such an approach is bound by the principle of sovereignty, the Convention on Biological Diversity and its recent Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity, and WTO-law, there are increasing attempts in the developed world, both at governmental level and at the level of individual business corporations, to stimulate developing countries to sustainably produce and/or harvest biological resources. For states, a voluntary bilateral approach within a regulatory framework seems to be a good model. Business corporations working together within a self-regulatory framework have also good opportunities to influence their suppliers’ practices.