sustainable biodiversity law: global access, local benefits marie-claire cordonier segger, director...

Sustainable Biodiversity Sustainable Biodiversity Law:Law:

Global Access, Local Global Access, Local BenefitsBenefits

Marie-Claire Cordonier Segger, DirectorMarie-Claire Cordonier Segger, DirectorJorge Cabrera, Lead CounselJorge Cabrera, Lead Counsel

Kathryn Garforth, Research Fellow Kathryn Garforth, Research Fellow Centre for International Sustainable Development LawCentre for International Sustainable Development Law

McGill Faculty of LawMcGill Faculty of Lawwww.cisdl.orgwww.cisdl.org

A Side Event on Sustainable Development Law A Side Event on Sustainable Development Law and the Proposed International Regime on and the Proposed International Regime on

Access to Genetic Resources and Benefit-SharingAccess to Genetic Resources and Benefit-Sharing

CISDL?CISDL? • Legal Research Centre: Based in the McGill University Faculty of Law, Montreal, Canada.

• Mission: To promote sustainable societies and the protection of ecosystems by advancing the understanding, development and implementation of international sustainable development law.

• Biodiversity Law Project: A team of developed and developing country scholars researching a series of biodiversity case studies for- legal briefs, and- legal research papers.

Centre for International

Sustainable Development

Law:

Presentation OverviewPresentation Overview Overview of the Legal Research PaperOverview of the Legal Research Paper Problems and NeedsProblems and Needs Two Case Studies of ABS Success StoriesTwo Case Studies of ABS Success Stories Gaps in the Existing International SystemGaps in the Existing International System Conclusions to DateConclusions to Date Brainstorm of Future Legal Research Needs:Brainstorm of Future Legal Research Needs:

- What topics need further research regarding the purpose, - What topics need further research regarding the purpose, nature and scope of an international regime on ABS?nature and scope of an international regime on ABS?- What topics need to be researched regarding the benefits - What topics need to be researched regarding the benefits of such an international regime for local communities?of such an international regime for local communities?

Sustainable Development Law & an International ABS Regime

Overview of CISDL ABS Regime Legal Research Overview of CISDL ABS Regime Legal Research Paper:Paper:

1.1. ABS in the CBDABS in the CBD2.2. Emergent Regimes on ABS Emergent Regimes on ABS

- national regimes (e.g. South Africa) - national regimes (e.g. South Africa) - regional regimes (e.g. Andean Community 391)- regional regimes (e.g. Andean Community 391)- international regimes (e.g. FAO Plant Genetic - international regimes (e.g. FAO Plant Genetic Resources Treaty)Resources Treaty)- non-state initiatives (e.g. CGIAR)- non-state initiatives (e.g. CGIAR)

1.1. The Bonn Guidelines and the WSSDThe Bonn Guidelines and the WSSD


Overview of CISDL ABS Regime Legal Research Overview of CISDL ABS Regime Legal Research Paper:Paper:

1.1. Elements to Consider in the Elaboration of an Elements to Consider in the Elaboration of an International ABS Regime:International ABS Regime:- What are the problems, what are the needs?- What are the problems, what are the needs?- What are the gaps in the current system?- What are the gaps in the current system?1) ABS and Sustainable Use of Biodiversity1) ABS and Sustainable Use of Biodiversity2) The Fair and Equitable Sharing of Benefits2) The Fair and Equitable Sharing of Benefits

i. Technology Transferi. Technology Transferii. Benefit-sharing obligations of user ii. Benefit-sharing obligations of user

countriescountries3) Monitoring and Remedies3) Monitoring and Remedies

1.1. Conclusions and RecommendationsConclusions and Recommendations


What an International ABS Regime? What an International ABS Regime? What is the Problem? What Are the What is the Problem? What Are the Needs?Needs?

Environmental needsEnvironmental needs Social needsSocial needs Economic needsEconomic needs


Two Case StudiesTwo Case Studies Fijian Project to help a community concerned Fijian Project to help a community concerned

with environmental impacts of resource with environmental impacts of resource extraction to link bioprospecting with extraction to link bioprospecting with conservation. conservation.

Suriname Project with Maroon tribes of the Suriname Project with Maroon tribes of the interior to promote environmental, economic, interior to promote environmental, economic, scientific, political and cultural sustainability scientific, political and cultural sustainability through bioprospecting.through bioprospecting.


Gaps in the Current System (1)Gaps in the Current System (1)

ABS and Sustainable Use of BiodiversityABS and Sustainable Use of Biodiversity CBD art. 1, 11 & 15.2CBD art. 1, 11 & 15.2 Bonn Guidelines para. 11(a) & (b); para. Bonn Guidelines para. 11(a) & (b); para. 5151 International regime: more measures to tie International regime: more measures to tie

conservation and access to genetic resourcesconservation and access to genetic resources



Benefit-Sharing: technology transfer; Benefit-Sharing: technology transfer; obligations of user countriesobligations of user countries

CBD art. 1 & 15.7CBD art. 1 & 15.7 Bonn Guidelines para. 16(d) & 45-50Bonn Guidelines para. 16(d) & 45-50 (a) Technology transfer(a) Technology transfer: CBD art. 16, Bonn : CBD art. 16, Bonn

Guidelines obj. (g), para. 16(b)(ix), para. 45-50, Guidelines obj. (g), para. 16(b)(ix), para. 45-50, Appendix II, para. 2(f)Appendix II, para. 2(f)

International regime: explicit guidelines to International regime: explicit guidelines to promote technology transfer, resolving promote technology transfer, resolving technology transfer gap in favour of developing technology transfer gap in favour of developing countries.countries.



Benefit-Sharing: technology transfer; Benefit-Sharing: technology transfer; obligations of user countries, cont.obligations of user countries, cont.

(b) Benefit-sharing Obligations of User (b) Benefit-sharing Obligations of User CountriesCountries: CBD Art. 15.7; Bonn Guidelines : CBD Art. 15.7; Bonn Guidelines para. 16(d).para. 16(d).

International regime: more obligations on International regime: more obligations on user countries. Disclosure of origin user countries. Disclosure of origin provisions not sufficient.provisions not sufficient.



Benefit-Sharing: technology transfer; Benefit-Sharing: technology transfer; obligations of user countries, cont.obligations of user countries, cont.

(b) Benefit-sharing Obligations of User (b) Benefit-sharing Obligations of User CountriesCountries: CBD Art. 15.7; Bonn Guidelines : CBD Art. 15.7; Bonn Guidelines para. 16(d).para. 16(d).

International regime: more obligations on International regime: more obligations on user countries. Disclosure of origin provisions user countries. Disclosure of origin provisions not sufficient.not sufficient.



Monitoring and RemediesMonitoring and Remedies CBD: none; Bonn Guidelines para. 55 & 61CBD: none; Bonn Guidelines para. 55 & 61 International regime: voluntary mechanisms International regime: voluntary mechanisms

with principles of monitoring; effective with principles of monitoring; effective remedies within reach of developing remedies within reach of developing countries.countries.


Conclusions and RecommendationsConclusions and Recommendations Any new international regime must have clearly defined Any new international regime must have clearly defined

goals and not duplicate existing international initiatives.goals and not duplicate existing international initiatives. A new international regime can have a broad scope, A new international regime can have a broad scope,

addressing various gaps in the current structure.addressing various gaps in the current structure. There are benefits to an (eventually) legally binding There are benefits to an (eventually) legally binding

instrumentinstrument There is a serious need for more research, especially of There is a serious need for more research, especially of

the experiences with existing regimes, the nature and the experiences with existing regimes, the nature and structure of any new legal obligations, and the benefits structure of any new legal obligations, and the benefits for local communities.for local communities.


Questions for a Brainstorm of Questions for a Brainstorm of Future Legal Research Needs:Future Legal Research Needs:

What topics need further research regarding What topics need further research regarding the purpose, nature and scope of an the purpose, nature and scope of an international regime on ABS?international regime on ABS?

What topics need to be researched regarding What topics need to be researched regarding the benefits of such an international regime for the benefits of such an international regime for local communities?local communities?


CISDL:

Contact:Marie-Claire Cordonier Segger / Ashfaq Khalfan

Centre for International Sustainable Development LawMcGill University Faculty of Law 3661 Peel Street, Montreal, Quebec, Canada

Tel: +1 514 398 8918 / Fax: +1 514 398 8197 / [email protected]

Because Effective Sustainable Development Law Matters.

sustainable biodiversity law: global access, local benefits marie-claire cordonier segger, director...

Documents