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Achmad Gusman Siswandi

JOBNAME: Rimmer PAGE: 1 SESS: 6 OUTPUT: Thu Nov 19 10:25:12 2015 14. The Nagoya Protocol: unfinished business remains unfinished Achmad Gusman Siswandi The tenth Conference of the Parties (COP-10) to the Convention on Biological Diversity (CBD) ended with three major outcomes adopted: the Strategic Plan for Biodiversity, 2011–2020; the Strategy for Resource Mobilisation; and the long-awaited Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization 2010 (Nagoya Protocol 2010). The COP-10 itself

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Linda Brice-o Moraia

8. Access to genetic resources and benefit sharing: The Nagoya Protocol in the light of the TRIPS Agreement Linda Briceño Moraia I. INTRODUCTION Access to and utilization of genetic resources express the tension between two different interests: one of the entity who exercises sovereignty over genetic resources located in a given territory and the one of third parties seeking access to those resources in order to undertake scientific research. The Rio Convention on Biodiversity1 and the Nagoya Protocol2 link access to the subsequent sharing of the benefits

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Lalanath de Silva

Protocol that may be imported’. 5 Thirdly, parties are ‘required to in accordance with their respective laws and regulations, consult the public in the decision-making process regarding living modified organisms’ and to ‘make the results of such decisions available to the public’. 6 Finally, parties are required to ‘endeavour to inform [the] public about the means of public access to the Biosafety Clearing-House’. 7 The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization states that: parties

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Marine Yzquierdo

.3.5 Conclusion V.1.4 Section 3: The Nagoya Protocol on Access to Genetic Resources and Benefit Sharing – Introduction V.1.4.1 The concept of access and benefit-sharing (ABS) V.1.4.2 Background of the negotiations V.1.4.3 Key elements of the Protocol V.1.4.4 Conclusion V.1.5 General conclusion V.1.1 General introduction Conservation of nature is of fundamental importance for human survival and livelihoods. The variety of life on Earth, referred to as biodiversity, includes natural resources and ecosystems in all their different forms, and must

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Aarti Gupta and Amandine Orsini

liability: outsourcing rule-making to private actors? III.32.1 Introduction This contribution reviews the current state of knowledge on liability and redress to address potential harm to biodiversity from transboundary movements of genetically modified organisms (GMOs). Environmental liability is broadly understood as the legal responsibility to provide a remedy for damaging the environment, although precise definitions remain contested. 1 Liability and redress relating to GMOs is enshrined in the ‘Nagoya-Kuala Lumpur Supplementary Protocol on Liability and

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Frederic Perron-Welch

(COP-MOP) acts as its governing body: it adopts decisions to support implementation and further develop the Protocol. As to the latter, the COP-MOP adopted the text of a new treaty, the Nagoya-Kuala Lumpur Supplementary Protocol on Liability and Redress (Supplementary Protocol). 14 III.16.2 Key issues III.16.2.1 Decision-making procedures The Protocol creates two procedures for the transboundary movement of LMOs. The AIA procedure applies to the first transboundary movement of an LMO for international introduction into the environment, and requires

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Nicole Schabus

Contents III.19.1 Introduction III.19.2 Indigenous Peoples in international negotiations III.19.3 CBD bodies and instruments dealing with traditional knowledge III.19.3.1 Akwé: Kon Guidelines for the conduct of cultural, environmental and social impact assessments III.19.3.2 Tkarihwaié:ri Code of Ethical Conduct III.19.3.3 Nagoya Protocol on Access to Genetic Resources and Benefit-Sharing III.19.4 Prior informed consent under the CBD III.19.5 Moving forward III.19.6 Conclusions III.19.1 Introduction Knowledge

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Gerhard Roller

procedures, including PIC, in 1989 (see section VI.25.4.2 below). In the field of biodiversity, the Convention on Biological Diversity (CBD) of 1992 and its relevant protocols – the Cartagena Protocol of 2000 and the Nagoya Protocol of 2010 – introduced a different kind of PIC (see section VI.25.4.3 below). VI.25.3 Legal character and function of the principle As far as the legal character of PIC is concerned, it could be questioned whether the mechanism that we call ‘prior informed consent’ is an environmental principle at all or if it should rather be

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Claudio Chiarolla

. Historically, and in light of the access and benefits sharing (ABS) standards now enshrined in the UN Convention on Biological Diversity (CBD) and in its Nagoya Protocol, this situation is perceived as being inequitable and unfair especially for counties with no or limited capacity to undertake oceanographic research and marine bioprospecting. In order to fill this gap, one of the options under consideration is the development of a new international instrument under UNCLOS that would aim to provide an encompassing framework for the effective conservation and sustainable use

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Riccardo Pavoni and Dario Piselli

of the states’ right to regulate access to ‘their’ genetic resources is essential to promote a coherent implementation of the three objectives of the Convention, namely: (i) the conservation of biological diversity; (ii) the sustainable use of its components; and (iii) the sharing of benefits arising from the utilization of genetic resources. This approach, which has since been expanded by the 2002 Bonn Guidelines 15 and the 2010 Nagoya Protocol, 16 brought about the emergence of the notion of ABS, understood as a crucial means to ensure a reasonable balance