Global governance and national mechanisms in India for regulating access to genetic resources and benefit sharing

Abstract

Global governance is a concept that advocates sustainable development as the primary consideration for managing biological resources, and operates through international agreements/multilateral treaties/global conventions with their own provisions and obligations. The 1992 Convention on Biological Diversity was the first major step taken by humankind for promoting the conservation of bioresources, their sustainable use and sharing (in a fair and equitable manner) of the benefits arising from their commercial utilization. The 2010 Nagoya Protocol on Access and Benefit Sharing (ABS) provides regulatory framework for users’ authorized access to genetic resources and providers’ sharing of the benefits with the owners of those resources. National obligations on ABS under the global governance system are met by enacting national laws and rules for regulation of ABS and their implementation, in turn, involves various agencies, institutions and organisations working at different levels. This paper aims at creating awareness on the complex interplay of ABS governance at the international and national levels.