Access and Benefit Sharing in International Law
Intellectual Property and the Environment series
Chapter 1: Introduction
The intention of this book is to chart the evolution of the various access and benefit-sharing agreements that have been concluded, tracing the early resource agreements to the most recent array of standard form terms and conditions in material exchange contracts. The journey by the various institutions through this exciting area of law has involved a lot of negotiation and this book attempts to capture those negotiations in a narrative leading to the concluded positions. This is important as the concluded positions provide substance to the often ambiguous diplomatic language in the original texts, albeit the concluded positions reflect compromises that are not (ever) finally resolved. Most significantly, however, the different approaches and different concluded positions across the various resource agreements are a laboratory of legal approaches and possibilities. They are likely to inform future developments as it becomes apparent which approaches are working and why they are working. By considering this array of resource agreements and detailing their development this book will provide a valuable overview of these different approaches and a basis for future assessment of how each approach is working.