Abstract
Biodiversity and its protection are at the centre of international environmental discussions. The legal regimes set by the Convention of Biological Diversity and the Nagoya Protocol, not yet in force, are aimed to foster the protection of biodiversity through legal distribution of rights and a regime focused on ecosystems, not singular species. However, the tension between economically efficient protection and distributive concerns, as well as a complex structure of entitlements, mitigates the use of market mechanisms to approach a sustainable use of biodiverse resources. This article proposes the evaluation of the conventional dispositions from an economic perspective, as well as the tensions between two predominant legitimating discourses. It concludes that the international legal regime in force is not enough to grant an efficient use of biodiverse resources, as well as an optimal standard of protection, since it limits the state capabilities to lay down more efficient statutes and implement liberal policies.
Highlights
In economic terms, it puts the question of an efficient and sustainable use of natural resources – biodiversity inclu-A strong and sound market for genetic resources and related goods generates strong incentives to biodiversity conservation
In 2010 during the Conference of Parties (COP)-10, the 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 was adopted and was implemented on October 12th of 2014.1
The analysis of economic aspects of conservation and of the fair and equitable share of the benefits is of a Committee, which consisted of a working group to study the implementation of an umbrella convention to 2 Nagoya Protocol Article 1 - “[t]he objective of this Protocol bring together all the existing treaties related to the issue. is the fair and equitable sharing of the benefits arising from the utilization of genetic resources, including by appropriate access to
Summary
It puts the question of an efficient and sustainable use of natural resources – biodiversity inclu-. To the negotiated concessions, the CBD Article 1 identifies two finalities: (a) the biodiversity conservation, and (b) the sustainable use and fair and equitable share of benefits from the genetic resources. Considering the whole convention, Lakshman Guruswamy organizes it around three structuring principles: equity and resource transfers, conservation and sustainable use, and common but distinct responsibility They are not the only principles that could be correctly extracted from the CBD text, they are very revealing of the unsolved tension between developed and developing. The analysis of economic aspects of conservation and of the fair and equitable share of the benefits is of a Committee, which consisted of a working group to study the implementation of an umbrella convention to 2 Nagoya Protocol Article 1 - “[t]he objective of this Protocol bring together all the existing treaties related to the issue. Fundamental to understand the incomplete conciliation of CDB’s objectives
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