Sustainable Biodiversity Law:
Global Access, Local Benefits
A Side Event on Sustainable Development Law
and the Proposed International Regime on
Access to Genetic Resources and Benefit-Sharing
Marie-Claire Cordonier Segger, Director
Jorge Cabrera, Lead Counsel
Kathryn Garforth, Research Fellow
Centre for International Sustainable Development Law
McGill Faculty of Law
www.cisdl.org
CISDL?
Centre for
International
Sustainable
Development Law:
• 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.
Sustainable Development
Law & an International
ABS Regime
Presentation Overview
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Overview of the Legal Research Paper
Problems and Needs
Two Case Studies of ABS Success Stories
Gaps in the Existing International System
Conclusions to Date
Brainstorm of Future Legal Research Needs:
- What topics need further research regarding the purpose,
nature and scope of an international regime on ABS?
- What topics need to be researched regarding the benefits of
such an international regime for local communities?
Sustainable Development
Law & an International
ABS Regime
Overview of CISDL ABS Regime Legal Research Paper:
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2.
1.
ABS in the CBD
Emergent Regimes on ABS
- national regimes (e.g. South Africa)
- regional regimes (e.g. Andean Community 391)
- international regimes (e.g. FAO Plant Genetic Resources
Treaty)
- non-state initiatives (e.g. CGIAR)
The Bonn Guidelines and the WSSD
Sustainable Development
Law & an International
ABS Regime
Overview of CISDL ABS Regime Legal Research Paper:
1.
1.
Elements to Consider in the Elaboration of an International
ABS Regime:
- What are the problems, what are the needs?
- What are the gaps in the current system?
1) ABS and Sustainable Use of Biodiversity
2) The Fair and Equitable Sharing of Benefits
i. Technology Transfer
ii. Benefit-sharing obligations of user countries
3) Monitoring and Remedies
Conclusions and Recommendations
Sustainable Development
Law & an International
ABS Regime
What an International ABS Regime? What is the
Problem? What Are the Needs?
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Environmental needs
Social needs
Economic needs
Sustainable Development
Law & an International
ABS Regime
Two Case Studies
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Fijian Project to help a community concerned with
environmental impacts of resource extraction to
link bioprospecting with conservation.
Suriname Project with Maroon tribes of the
interior to promote environmental, economic,
scientific, political and cultural sustainability
through bioprospecting.
Sustainable Development
Law & an International
ABS Regime
Gaps in the Current System (1)
ABS and Sustainable Use of Biodiversity
 CBD art. 1, 11 & 15.2
 Bonn Guidelines para. 11(a) & (b); para. 51
 International regime: more measures to tie conservation
and access to genetic resources
Sustainable Development
Law & an International
ABS Regime
Gaps in the Current System (2)
Benefit-Sharing: technology transfer; obligations of user
countries
 CBD art. 1 & 15.7
 Bonn Guidelines para. 16(d) & 45-50
 (a) Technology transfer: CBD art. 16, Bonn Guidelines obj. (g), para.
16(b)(ix), para. 45-50, Appendix II, para. 2(f)
 International regime: explicit guidelines to promote technology
transfer, resolving technology transfer gap in favour of
developing countries.
Sustainable Development
Law & an International
ABS Regime
Gaps in the Current System (3)
Benefit-Sharing: technology transfer; obligations of
user countries, cont.
 (b) Benefit-sharing Obligations of User Countries: CBD Art.
15.7; Bonn Guidelines para. 16(d).
 International regime: more obligations on user
countries. Disclosure of origin provisions not
sufficient.
Sustainable Development
Law & an International
ABS Regime
Gaps in the Current System (4)
Benefit-Sharing: technology transfer; obligations of
user countries, cont.
 (b) Benefit-sharing Obligations of User Countries: CBD Art.
15.7; Bonn Guidelines para. 16(d).
 International regime: more obligations on user
countries. Disclosure of origin provisions not
sufficient.
Sustainable Development
Law & an International
ABS Regime
Gaps in the Current System (5)
Monitoring and Remedies
 CBD: none; Bonn Guidelines para. 55 & 61
 International regime: voluntary mechanisms with
principles of monitoring; effective remedies within
reach of developing countries.
Sustainable Development
Law & an International
ABS Regime
Conclusions and Recommendations
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Any new international regime must have clearly defined goals
and not duplicate existing international initiatives.
A new international regime can have a broad scope, addressing
various gaps in the current structure.
There are benefits to an (eventually) legally binding instrument
There is a serious need for more research, especially of the
experiences with existing regimes, the nature and structure of
any new legal obligations, and the benefits for local communities.
Sustainable Development
Law & an International
ABS Regime
Questions for a Brainstorm of Future
Legal Research Needs:
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What topics need further research regarding the purpose,
nature and scope of an international regime on ABS?
What topics need to be researched regarding the benefits
of such an international regime for local communities?
CISDL:
Because Effective Sustainable
Development Law Matters.
Contact:
Marie-Claire Cordonier Segger / Ashfaq Khalfan
Centre for International Sustainable Development Law
McGill University Faculty of Law 3661 Peel Street, Montreal, Quebec, Canada
Tel: +1 514 398 8918 / Fax: +1 514 398 8197 / secretariat@cisdl.org