Convention On Biological Diversity Research Articles

Biodiversity Offset Mechanisms and Compensation for Loss from Exceptional to Popular: Rediscovering Environmental Law

The use of compensatory mechanisms for biodiversity conservation, also known as biodiversity offsets, has increased significantly in recent decades. The Kunming Montreal Global Biodiversity Framework mentions them as an innovative scheme in support of substantially and progressively increasing the level of financial resources for biodiversity conservation. This article traces the origin of compensatory mechanisms in international environmental law and their development in transnational biodiversity governance. The article points to the shifts in the application of the biodiversity offsets: from the context of wetlands to other habitats and ecosystems; from its use in intergovernmental conventions to an increasing number of transnational (business) networks; and from an instrument of last resort to a source of additional funding for biodiversity conservation. In the evolution, compensatory mechanisms have been decoupled from their original purpose as an exceptional mitigation measure and a strong focus of environmental law on the preventive function. The increased rhetoric of commitment to no net loss, net gain, restoration, and the mitigation hierarchy has not been matched by an improved status of wetlands and other ecosystems. The processes within the biodiversity conventions (Ramsar and CBD) have accepted an ongoing destruction of nature and limited the role of environmental law to minimizing harmful impacts on nature and consolidating the decline, rather than shaping socio-ecological outcomes. An ambiguous position about the spread of compensatory mechanisms has been part and parcel of this; biodiversity conventions have neither endorsed nor distanced themselves from the application, promotion, and justification of compensatory mechanisms. To maintain the integrity of environmental law, the rules that prevent biodiversity loss need to be emphasised and enforced.

Biodiversity management challenges: A policy brief

Global biodiversity has been lost at an alarming rate in the past century leading to what is often described as ‘the sixth mass extinction'. Leading causes of this loss are chemical pollution, habitat loss, unsustainable use of resources, invasive species, and climate change. Such environmental change can alter ecosystem functions irreversibly, leading to a direct loss of ecosystem services, such as food provision, climate regulation, and cultural services, which are estimated to have a global value of tens of trillions of dollars. International governing bodies have repeatedly set targets to preserve biodiversity and ecosystem services, especially within the framework of the UN Convention on Biological Diversity (CBD). Despite nation states’ pledges at the Rio Summit in 1992 to conserve biological diversity, progress has been lamentable. One reason for such failure is that action to redress biodiversity loss depends on national governments but it is of relatively low concern on the public agenda. This article reviews the UK and EU legal and policy biodiversity frameworks and exposes some of the complexities surrounding biodiversity loss, including non-compliance, public awareness, and valuation. Following a multidisciplinary roundtable on biodiversity in 2023, we suggest policy recommendations to overcome these issues.

Harmony in Biodiversity: Spearheading the Global Biodiversity Agenda through National Policy on Biological Diversity (NPBD) 2022-2030

In the heart of Malaysia's commitment to biodiversity conservation, lies a comprehensive strategy encapsulated in the National Policy on Biological Diversity (NPBD) 2022-2030. With five ambitious goals, the policy is a guiding light for the nation, steering stakeholders towards a future where the rich tapestry of ecosystems, species and genetic diversity flourishes. The correlation between this national policy and the global biodiversity framework under the Convention on Biological Diversity (CBD) is evident, providing a robust framework for sustainable development.

The social science side of marine biodiversity monitoring

Abstract Marine biodiversity monitoring is a complex task given the vast ocean areas to be covered, the types of data to be integrated, and the large number of possible parameters to consider when measuring biodiversity change. International agreements, such as the Convention on Biological Diversity (CBD) or the recently adopted ‘BBNJ treaty’protecting biodiversity beyond national jurisdiction (BBNJ), encourage states to monitor marine life both within and beyond their national waters to foster marine biodiversity conservation and sustainable use. While oceanographers in general, and marine biologists in particular, are aware of the challenges and complexities of measuring biodiversity in the ocean, the politics of marine biodiversity monitoring and the added value of social science perspectives tend to be neglected. This story from the frontline describes our experiences with turning marine biodiversity monitoring into an object of social science inquiry. The MARIPOLDATA project developed an innovative multi-sited approach to capture both the politics and practices of monitoring marine life. During our research, we were confronted with a diversity of perspectives and expectations of what monitoring is, how it works, why it should be done, and whom it should serve. By adopting a mixed-method approach and collecting data at different epistemic sites (negotiation rooms, scientific fields, laboratories, and conferences), we tried to cut through some of the observed ambiguities and trends. We conclude that studying monitoring necessitates a multidisciplinary approach and a sensitivity for the regional, institutional, and cultural specificities and inequalities that shape how we know and govern the ocean.

INTERNATIONAL LEGAL REGULATION OF SUSTAINABLE USE OF BIOLOGICAL DIVERSITY

The sustainable use of biological diversity is essential for maintaining the health of ecosystems and supporting human well-being. International legal frameworks play a crucial role in guiding and regulating activities related to biodiversity conservation and sustainable use. This article explores the key legal instruments and principles that govern the sustainable use of biological diversity, with a focus on the Convention on Biological Diversity (CBD) and its associated protocols. It also highlights practical examples of how these frameworks are implemented at national and regional levels, including initiatives in Central Asian countries. The challenges and futuredirections in the international legal regulation of biodiversity are discussed, emphasizing the need for enhanced implementation, cooperation, and adaptation to emerging environmental issues. The article aims to provide a comprehensive overview of the legal and practical aspects of sustainable use of biological diversity, contributing to a better understanding of its importance in global environmental governance.

Towards invasion ecology for subterranean ecosystems

Invasive alien species (IAS) are widely recognized as a major threat to ecosystems globally. Despite the growing interest and research effort on biological invasions, the impact of IAS on both terrestrial and aquatic subterranean habitats remains considerably under-studied in comparison to other environments. The Convention on Biological Diversity (CBD) has established global targets to mitigate the impacts of IAS, emphasizing the need for countries, organizations, and the scientific community to identify gaps in knowledge, monitoring, and management strategies for IAS. To this end, we mapped knowledge gaps in biological invasions of subterranean habitats that emerged from the first systematic surveys of the available information. We suggest that there are five main gaps restricting our ability to understand and tackle biological invasions in subterranean ecosystems. Given the vulnerability of subterranean ecosystems and the lack of attention they have received in conservation policies, it is crucial to increase research emphasis on IAS. This opinion paper aims to stimulate such efforts and contribute to the preservation of these ecosystems.

Assessing Peru’s Land Monitoring System Contributions towards Fulfilment of Its International Environmental Commitments

Land use change (LUC) is recognized as one of the major drivers of the global loss of biodiversity and represents a major threat to ecosystems. Deforestation through LUC is mainly driven by fire regimes, logging, farming (cropping and ranching), and illegal mining, which are closely linked with environmental management policies. Efficient land management strategies, however, require reliable and robust information. Land monitoring is one such approach that can provide critical information to coordinate policymaking at the global, regional, and local scales, and enable a programmed implementation of shared commitments under the Rio Conventions: the United Nations Convention on Biological Diversity (CBD), Convention to Combat Desertification (UNCCD), and Framework Convention on Climate Change (UNFCCC). Here we use Peru as a case study to evaluate how a land monitoring system enables environmental policy decisions which appear in the country’s international commitment reports. Specifically, we synthesize how effective the ongoing land monitoring system has been in responding to current and future environmental challenges; and how improvements in land monitoring can assist in the achievement of national commitments under the Rio Conventions. We find that Peruvian policies and commitments need to be improved to be consistent with the 1.5 °C temperature limit of the Paris agreement. Regarding the Aichi targets, Peru has achieved 17% land area with sustainable management; however, the funding deficit is a great challenge. Even though Peru commits to reducing GHG emissions by reducing LUC and improving agricultural and land use forestry practices, it needs policy improvements in relation to land tenure, governance, and equity. Potential explanations for the observed shortcomings include the fragmentation and duplication of government roles across sectors at both a national and regional scale.

Patterns, processes and conservation management consequences of intraspecific diversity, illustrated by fishes from recently glaciated lakes

Abstract Patterns in phenotypic and genotypic diversity within many species are becoming increasingly apparent, although there remain many species for which such patterns have yet to be described adequately. Fishes from recently glaciated ecosystems are likely to be particularly rich in intraspecific diversity, yet current conservation management strategies are, in many parts of the world, particularly in Europe, conventionally and overwhelmingly focused on species, regardless of competing species concepts, and appropriate policies for managing diversity at a sub‐specific level still have to be developed. Occasional attempts to protect certain vulnerable ecotypes and proposed alternative units of conservation (e.g. ‘Pragmatic Species’ or ‘Evolutionarily Significant Units’) reinforce the conventional primacy of contemporary expressed patterns of variation. Intraspecific phenotypic and genotypic patterns are ultimately the result of complex processes of divergence; conservation approaches that focus on the products of evolution largely ignore the processes that generate and maintain those patterns. Policies that acknowledge the continuation of evolution, the derivation of novel diversity over often very short time spans and the role of environment in initiating and perpetuating these processes are poorly integrated into management strategy. To address possible deficits, where intraspecific diversity is not addressed in management practice, we believe it to be important first to characterize hidden genetic and phenotypic diversity, which may intimate eco‐evolutionary processes, initially among species of high conservation status. A second step should be to use an approach to intraspecific diversity that illuminates the ultimate processes and mechanisms that bring about that diversity, which also concedes the central role of the environment and affords adequate protection to the ecosystems that drive these processes, such as the United Nations Convention on Biological Diversity (CBD) Ecosystems approach.

THE CONVENTION ON BIOLOGICAL DIVERSITY AND ECOLOGICAL PROTECTION-RELATED LAWS AND POLICIES IN GHANA

This study sets out to examine the implementation of the Convention on Biological Diversity (CBD) in Ghana. A key objective of the study was to understand how the country has attempted to achieve sustainable development while reducing the risk to biodiversity and environmental pollution given its abundant natural resources. In an effort to achieve this and other related objectives of the study, the researcher adopted a qualitative approach to research which enabled him to gather relevant information in non-numerical format. The study consequently finds that though the country has introduced several legislations and policies to ensure ecological protection, several challenges still remain. Indeed, in Ghana today, attempting to ensure the functionality, orderliness and the usefulness of ecological protection policies such as those aimed at the effective implementation of the CBD necessarily requires that such policies have firm legitimacy among the local norms; legality alone is not enough. It is in view of this that the study advocates for a balanced obligation.

Challenging the existing order of knowledge sharing governance with digital sequence information on genetic resources

Abstract The Conference of the Parties to the Convention on Biological Diversity (CBD) have begun work on establishing a distinct multilateral mechanism to access and share the benefits (ABS) from digital sequence information on genetic resources (DSI), with the expectation of new monetary benefits. Regulating DSI for benefit sharing is problematic because efficiently and effectively regulating information requires defining DSI and identifying a suitable material proxy for the information because it is itself intangible (probably a levy or tax to access or use a database of information). More problematic is finding a compromise to the competing information governance frameworks: a dominant international intellectual property order that favours the free exchange of resources and information (generally favoured by the technology rich North); the taking of nature by States and re-ordering of biological resources to deliver benefits (generally favoured by the technology poor South); and, the claims of Indigenous Peoples according to their emerging rights in international law.

Conservation and development of floriculture diversity with special reference to Orchids in the Darjeeling Himalaya, India

Darjeeling Himalaya is a typical mountainous terrain composed of tropical, temperate, and alpine ecosystems and widely varying elevation ranges followed by a great diversity of flora and fauna. About 30% of the total geographical area (TGA) falls under forest cover, about one-third area as tea gardens and the rest is under agriculture and medicinal plants cultivation. There are no large floriculture gardens of public interest as yet, interestingly, aesthetic and commercial floriculture is almost wholly confined to individual home premises. In pursuance of the guidelines prescribed by the Convention on Biological Diversity (CBD)-1992, this paper, reflects the outcomes of a three-year project, sponsored by the Govind Ballabh Pant ‘National Institute of Himalayan Environment’ (NIHE), Almora, India (formerly known as G.B. Pant Institute of Himalayan Environment & Development), and would seek to address five main objectives, namely, survey and documentation of wild species including rare and endangered ones; identifying areas where R&D is needed to safeguard and enhance the health of the plants and animals at the species, genetic and ecosystem level; conservation and rational utilization of natural resources as related to the process of sustainable development; generating mass awareness through education and training on scientific, economic, environmental, ecological and social dimensions of biodiversity; and, raising necessary manpower needed to promote sustainable growth and development of biodiversity resources on a long term basis.

Convention on Biological Diversity (CBD) and the Nagoya Protocol: Implications and Compliance Strategies for the Global Coffee Community.

The Nagoya Protocol on Access and Benefit-sharing (ABS) of the Convention on Biological Diversity (CBD) is a fundamental international agreement that plays a crucial role in the protection and equitable utilization of plant genetic resources. While this agreement is essential for conservation and sustainable use, it presents specific challenges to coffee research and industry. One major issue is the requirement to obtain prior informed consent (PIC) from the source country or community, which can be a complex and time-consuming process, especially in regions with limited governance capacity. Additionally, the mandates of this agreement necessitate benefit-sharing with the source community, a requirement that poses implementation challenges, particularly for small businesses or individual researchers. Despite these challenges, the importance of the Nagoya Protocol in the coffee sector cannot be overstated. It contributes significantly to the conservation of coffee genetic resources and the sustainable utilization of these resources, ensuring fair distribution of benefits. To address the complexities presented by this international framework, coffee researchers and industry need to engage proactively with source countries and communities. This includes developing clear and equitable benefit-sharing and implementing strategies for compliance. This article explores the impact of the Nagoya Protocol on the coffee industry, particularly emphasizing the need for balancing scientific investigation with the ethical considerations of resource sharing. It also discusses practical strategies for navigating the complexities of this agreement, including research focused on authenticity control and the challenges in conducting large-scale coffee studies. The conclusion underscores the potential for international collaboration, particularly through platforms like the International Coffee Organization (ICO), to harmonize research activities with the ethical imperatives of the Nagoya Protocol.

Protecting Wilderness or Cultural and Natural Heritage? Insights from Northern Patagonia, Chile

Abstract Protecting 30% of the planet’s terrestrial and marine ecosystems by 2030 (30x30) is the most recent call for global conservation action. Toward this end, the creation of protected areas is a central strategy. The various parties to the Convention on Biological Diversity (CBD) have committed to this global goal, including Chile. Against this backdrop, this article explores current narratives and practices around five protected areas in northern Patagonia, Chile. We argue that environmental discourses are key to understanding these narratives and practices. Environmental discourses influence the values central to the creation and development of protected areas, as well as the prevailing management approaches for these areas. Our findings show that two discourses are of particular importance: the ‘Patagonian wilderness’ discourse and the ‘cultural and natural heritage’ discourse. Based on our findings, we also discuss three emerging topics: the rewilding and rebranding of Patagonia, optimism around nature-based tourism, and implementation of global conservation goals within the national context. We reflect on the implications of our findings for further developments in Patagonia and for the global conservation debate. We contend that the future of protected-area management in northern Patagonia will depend on how community-based management initiatives are fostered and argue that aligning with such inclusive conservation approaches will be a critical requirement for the implementation of the 30x30 goal moving forward.] Spanish abstract: rb.gy/gmaziq

Biodiversity and Conservation

Biodiversity, the intricate web of life on Earth, is vital for ecosystem health and human well-being. This paper delves into the profound importance of biodiversity, highlighting its role in maintaining ecosystem services critical to human survival. The exploration covers the complexity of biodiversity, including species diversity, genetic diversity, and ecosystem diversity. The paper further addresses the threats that human activities pose to biodiversity, such as habitat destruction, pollution, climate change, and overexploitation. To counter these threats, the paper outlines a range of conservation strategies. It discusses the significance of protected areas, sustainable resource management, habitat restoration, and the role of conservation genetics. Additionally, international initiatives like the Convention on Biological Diversity (CBD) and the work of the International Union for Conservation of Nature (IUCN) are emphasized as essential for global cooperation. The paper underscores the urgency of collaborative efforts in biodiversity conservation. It emphasizes the need for international cooperation, sustainable practices, and community involvement to ensure the persistence of Earth’s incredible biodiversity for generations to come. The abstract encapsulates the essential elements of the paper, calling for a shared commitment to safeguarding the diversity of life that sustains our planet.

Balancing climate goals and biodiversity protection: legal implications of the 30x30 target for land-based carbon removal

This article examines the legal conflicts between land-based carbon dioxide removal (CDR) strategies and the establishment of protected areas through the lens of international environmental law. We argue that the 2022 Global Biodiversity Framework's “30x30” target—which aims to protect 30% of global terrestrial and marine areas by 2030—constitutes a “subsequent agreement” under international law and thus clarifies the legal scope and content of the obligation to establish protected areas under Article 8 of the Convention on Biological Diversity (CBD). Since states have pledged 120 million square kilometers for land-based CDR, these commitments potentially conflict with the “30x30” target, especially if global cropland for food production is to be maintained. Consequently, some land-based CDR strategies may directly or indirectly impede the achievement of the “30x30” target, which could be deemed inconsistent with international law. However, as all international environmental law operates in a continuum, this does not imply that land-based CDR should be categorically ruled out. Rather, states should focus on emission reductions and implementing CDR options that provide the most co-benefits to climate mitigation and biodiversity protection efforts.

Challenges to Implementing the Kunming-Montreal Global Biodiversity Framework

The Convention on Biological Diversity (CBD) has been a pivotal international instrument for global biodiversity conservation since 1992. The recent Kunming-Montreal Global Biodiversity Framework (GBF) aims to provide a pathway for the CBD for the present decade. However, the practicalities of land use and biodiversity conservation pose significant challenges. Drawing from diverse literature and reports, we identify nine implementation challenges for the GBF. These encompass harmonising conservation with sustainable development, integrating local values and indigenous knowledge, adopting a holistic landscape approach, and prioritising effective local governance. A shift from broad targets to explicit conservation metrics is vital. We propose strategies emphasising building institutional capacity for localised, participatory conservation and policy-making processes. This article offers suggestions for improving the GBF’s implementation and shaping future policy frameworks.

Assessing the potential of Other Effective area-based Conservation Measures (OECMs) for contributing to conservation targets: A global scoping review protocol

This scoping review (ScR) protocol aims to establish the methodological approach for identifying and mapping the evidence regarding the actual contribution of Other Effective area-based Conservation Measures (OECMs) to spatial conservation targets. Emphasis will be placed on examining the research conducted, including the methodologies applied. OECMs, introduced by the Convention on Biological Diversity (CBD) in 2010, refer to areas outside of protected areas, such as fisheries restricted areas, archaeological sites, and military areas, that effectively conserve biodiversity in-situ over the long term. OECMs are recognized rather than designated. Many countries currently endeavor to identify, recognize and report OECMs to the CBD for formal acceptance to support the implementation of spatial conservation targets. Studies that assess the contribution of OECMs to spatial conservation targets will be considered. Potential OECMs with primary, secondary or ancillary conservation objectives established by all sectors in the terrestrial, freshwater and marine realm worldwide will be considered. Peer-reviewed and grey literature will be considered without imposing limitations based on publication year, stage, subject area and source type. Both experimental and observational studies in English, French, German, Greek, Italian, and Spanish will be reviewed. The ScR will follow the Joanna Briggs Institute (JBI) methodology. The protocol will be guided by the PRISMA-ScR (Preferred Reporting Items for Systematic Reviews and Meta-Analyses) extension for scoping reviews. The search will encompass bibliographic databases such as Scopus, Web of Science and Google Scholar. Grey literature sources will include databases, pre-print archives and organizational websites. The Covidence platform will be utilized for data management and extraction.

Understanding Global And Indian Patent Disclosure Requirements For Genetic Resources And Traditional Knowledge

A thoughtful exploration of Patent Disclosure Requirements (PDRs) within the context of the global patent system and legal policy frameworks of different nations, with special reference to India, and PDRs emergence as a linchpin in the preservation and safeguarding of Genetic Resources (GRs) and Traditional Knowledge (TK), particularly when intertwined with the heritage of indigenous and local communities, their significance as guard against biopiracy, while upholding the doctrine of Access and Benefit-Sharing (ABS) as envisioned by the Convention on Biological Diversity (CBD) and the Nagoya Protocol. PDRs scope to mandate transparently revealing the origins and sources of GRs and TK, deployed in their innovations for patents. PDRs are a litmus test for patent offices and governing authorities to assess the reliability of patent claims and are an indispensable weapon in the fight against biopiracy. Further, different kinds and the evolving nature of PDRs are also acknowledged, as they adapt to cope with new challenges, technological advancements, and the dynamic evolution of the legal framework, finally, positioning PDRs as key protagonists in shaping responsible innovation while preserving biodiversity.

4.C. Round table: The role of EU bodies and European Health Union policies, and implications for the Pandemic Treaty

Abstract As the CoViD-19 pandemic unfolded, policy- and decision-makers within and beyond European borders became acutely aware of the urgent need to revisit policies and cross-border collaboration to increase preparedness. CoViD-19 lessons, regional autonomy, the way EU bodies functioned at times of crisis but also at times of peace, and EU's role in global health were all considered. In 2022, a new EU body, the Health Emergency Preparedness and Response (HERA) Authority became operational “to prevent, detect, and rapidly respond to health emergencies, through intelligence gathering and building the necessary response capacities.” In March 2022, the Council of the EU adopted the decision to authorise the opening of negotiations for an international agreement on these topics, i.e., ‘The Pandemic Treaty’. Upon ratification, the treaty will become a legally binding instrument to determine coordination of public-private partnerships, towards discovery, and research and development (R&D) for vaccines, diagnostic and medicinal products. Negotiations started in the summer of 2022, with the Intergovernmental Negotiating Body (INB4) drafting the treaty in the WHO framework, the ‘Zero Draft’ presented in Nov 2022, progress to be reported to the World Health Assembly (WHA76) (May 2023), and a final draft agreement to be delivered in May 2024. In March 2023, HERA and the European Centre for Disease Prevention and Control (ECDC), and HERA and the European Medicines Agency (EMA) formalised agreements to clearly delineate working arrangements “to strengthen cooperation and to coordinate their work in support of health emergency preparedness and response in the area of medical countermeasures”. The increasing level of complexity, with rapid policy developments necessitates better understanding of the role of EU bodies and policies play, equipping public health professionals and of the tools to participate in these exchanges at national and cross-border levels, ultimately ensuring public health priorities and interests are served. This RT aims to provide an overview of recent developments for these bodies (HERA, EMA, ECDC), how they interact with WHO, and implications of the recently presented EU Global Health Strategy (EUGHS) (Nov 2022) and EU General Pharmaceutical Legislation (EUGPL) (Apr 2023). Panellists and Chairs include representatives to these bodies and legal experts to help elucidate key aspects. Brief interventions followed by discussion will explore: • The role of EU bodies in relation to the treaty • EU priorities, incl. regional autonomy, and related legislation, i.e., EUGPL and EUGHS • Key treaty articles and implications for European public health and global public health • The relevance of existing instruments, e.g., International Health Regulations, the Nagoya Protocol, the UN Biodiversity Convention • The guiding principles and rights in the Zero Draft Active audience interaction is envisioned via polls to prioritise topics and submit questions. Key messages • The global and European public health landscapes are rapidly being transformed. Comprehensive understanding of bodies and policies at interplay by public health professionals is key. • Current developments involve key deliberation and consultation steps at national, EU-wide and global levels. The public health community must be informed and engaged to safeguard public health. Speakers/Panelists Ricardo Mexia INSA - National Health Institute Doutor Ricardo Jorge, Lisbon, Portugal Debjani Muller HTAi, Edmonton, Canada Sujitha Subramanian UK Dimitra Lingri National Organization for Health Care Services Provision, Athens, Greece

Effects of the Biological Diversity (Amendment) Bill, 2021 on India's AYUSH Industry

Background: Some of the most well-known ancient medical systems in India include Ayurveda, Yoga, Unani, Siddha, and Homoeopathy (AYUSH), whose medications are made primarily from medicinal plants gathered from forests. The Biological Diversity Act, of 2002 was created in India to carry out the 1992 United Nations Convention on Biological Diversity (CBD). The CBD aims for a sustainable, equitable, and shared distribution of benefits resulting from the use of biological resources and traditional knowledge. With one of its goals being to encourage the cultivation of medicinal plants, the Biological Diversity (Amendment) Bill, 2021, which proposes to amend the Biological Diversity Act of 2002, has been adopted by the lower house (Lok Sabha) of the Indian parliament. Objective: The goal of the study is to examine how the amendment will affect the AYUSH sector, which also happens to be the source of India's traditional medicines. Results: A distinction between cultivated and wild medicinal plants has been made, with cultivated medicinal plants being excluded from the access and benefit-sharing (ABS) mechanism upon acquiring the certificate of origin. This can give rise to false claims by the traders and manufacturers that their medicinal plants are cultivated. According to the most recent modification, the majority of traditional knowledge employed in the AYUSH systems of medicine is codified. There's a potential that the majority of people who have traditional knowledge will not be eligible for the benefits. The other argument is that eliminating AYUSH practitioners, growing medicinal plants, and codifying traditional knowledge from access and benefit sharing, would promote foreign investment in the AYUSH sector. Conclusion: This amendment must, in practice, ensure that tribes and vulnerable people profit from the sale of medicinal forest products, and decriminalising certain clauses actually advances AYUSH, and simplifies business operations. Striking a balance between encouraging economic growth and maintaining the long-term preservation of India's biodiversity is necessary.