Legal and Ethical Challenges: From Collection Management to Access and Benefit-Sharing

Abstract

Building, using, and managing zoological research collections are complex and demanding tasks, not only from a scientific point of view. In fact, scientists and collection managers are also embedded in a multifaceted sphere of conventions, regulations, and legislation. An important international framework for the exploration and conservation of biodiversity is the United Nations’ Convention on Biological Diversity (CBD). However, the CBD does not only focus on conservation and sustainable use of biodiversity. It also sets out basic principles for a fair and equitable sharing of benefits arising from its utilization. Those principles have been implemented in national laws and international agreements on access and benefit-sharing, such as the Nagoya Protocol. In many cases, however, those laws turn out to be critical impediments for the access to and exchange of biological material, research results, and other information within the scientific community. The article will provide an overview on the concept of access and benefit-sharing, the Nagoya Protocol and its implementation in Europe and Germany, as well as challenges and recommendations for collection management. It will also shortly address other regulations affecting the preparation and transportation of zoological samples, i.e., the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), European legislation on animal by-products, and international rules for the air shipment of dangerous goods.