Abstract
In October, 2010, a protocol on access and benefit-sharing (ABS) of genetic resources was adopted, the so-called 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. Before the adoption of the Nagoya Protocol, the governance architecture of ABS was already characterized by a multifaceted institutional environment. The use of genetic resources is confronted with many issues (conservation, research and development, intellectual property rights, food security, health issues, climate change) that are governed by different institutions and agreements. The Nagoya Protocol contributes to increased fragmentation. However, the question arises whether this new regulatory framework can help to advance the implementation of the ABS provisions of the Convention on Biological Diversity (CBD). This paper attempts to find an answer to that question by following three analytical steps. First, it analyzes the causes of change against the background of theories of institutional change. Second, it aims to assess the typology of the architecture in order to find out if this new set of rules will contribute to a more synergistic, cooperative or conflictive architecture of ABS governance. Third, the paper looks at the problem of “fit” and identifies criteria that can be used to assess the new ABS governance architecture with regard to its effectiveness.
Highlights
At the 10th Conference of the Parties (COP) of the Convention on Biological Diversity (CBD), which took place in Nagoya in October, 2010, a new protocol on access and benefit-sharing (ABS) of Resources 2014, 3 genetic resources was adopted, the so-called Nagoya Protocol on Access to Genetic Resources and theFair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on BiologicalDiversity
The Johannesburg Plan of Implementation calls upon the parties of the CBD to negotiate an international regime to promote and safeguard the fair and equitable sharing of the benefits arising from the utilization of genetic resources [6]
The treaty applies to 35 crops and 80 forages essential for food security. It aims at the conservation and sustainable management of plant genetic resources, as well as the fair and equitable sharing of the benefits arising from their use (ITPGRFA, Article 1.1)
Summary
At the 10th Conference of the Parties (COP) of the Convention on Biological Diversity (CBD), which took place in Nagoya in October, 2010, a new protocol on access and benefit-sharing (ABS) of Resources 2014, 3 genetic resources was adopted, the so-called Nagoya Protocol on Access to Genetic Resources and the. The Johannesburg Plan of Implementation calls upon the parties of the CBD to negotiate an international regime to promote and safeguard the fair and equitable sharing of the benefits arising from the utilization of genetic resources [6]. Young [7] makes a start and looks at change processes of social institutions that address human-environment-relations He differs between five possible patterns of change of environmental and resource regimes to assess the quality of change: progressive development, punctual equilibrium, arrested development, diversion and collapse. The question arises under which category the Nagoya Protocol of the CBD falls Has this new regulatory framework the potential to advance the implementation of the ABS provisions of the CBD (progressive development) or will it only add bureaucracy (arrested development)?. The paper looks at the problem of “fit” and identifies criteria that can be used to assess the new ABS governance architecture with regard to its effectiveness
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