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  • Titill er á ensku Access and Benefit-Sharing: Key Concepts, Legal Principles and Implementation Challenges
  • Meistara
  • Útdráttur er á ensku

    This thesis is set up to analyse the key assumptions and legal principles underlying the concept of access and benefit-sharing (ABS) under the Nagoya Protocol and the Convention on Biological Diversity (CBD) in order to highlight the key legal issues and difficulties that may arise during the implementation of the ABS mechanism.
    The implementation of ABS into national laws has been unsatisfactory. Very few States have adopted ABS measures into domestic laws. The causes could be that the core concepts of ABS remain complex and uncertain to legislators. A better understanding of the key assumptions underlying the ABS concepts, therefore, is necessary for the Parties to adopt adequate measures to implement ABS.
    To this end, the thesis will outline the key ABS rules and their core underlying assumptions. More importantly, the validity of the principles underlying the ABS concept will be tested against their legal compatibility with the core legal principles of international laws, namely, the principle of State sovereignty over natural resources, principle of common but differentiated responsibilities of States, and principle of sustainable use of biodiversity. The essential task of theses comparisons is to highlight some of the critical implications for the implementation of ABS into national laws.
    In brief, the idea of sharing benefits with the providers of valuable genetic resources is desirable from a variety of perspectives. However, the implementation of the ABS rules is far from being straightforward. Because of the novelties and complexities of genetic utilizations, defining the scope of national ABS measures alone could be a challenging task. Moreover, though the core legal principles of international laws are in large supportive to the concepts of ABS, this does not mean that there are no conflicts between these principles and the ABS mechanism. A diversity of aspects to the ABS concepts and the tensions between ABS rules and other legal principles under international laws must be recognized and duly taken into account in order to adequately implement ABS in national legislations.

  • 5.5.2015

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