The Nagoya Protocol On Access To Genetic Resources And The Fair And Equitable Sharing Of Benefits Arising From Their Utilization

Foreword; Acknowledgements; List of Abbreviations; Table of Legal Materials Cited; Introduction; 1 The International Debate on Access and Benefit-sharing; 1.1 Asymmetries and the Ethical Rationale for ABS; 1.2 An Incentive-based Approach to Biodiversity Conservation and the Economic Rationale for ABS; 1.3 The ABS Provisions of the CBD; 2 From the CBD to the Nagoya Protocol via the Bonn Guidelines; 3 Traditional Knowledge and ABS; 4 Indigenous Peoples and Local Communities as Beneficiaries of the CBD and the Nagoya Protocol.

Genetic resources are not only component of nature that need be protected but also has economic, social, cultural values for development. Approaching genetic resources under those two aspects of "conservation" and "development" one of three objectives of Convention on Biological Diversity (CBD) and the goal of the Nagoya Protocol is "Access to Genetic Resources and Fair and Equitable Sharing of Benefits Arising from Their Utilization.The Nagoya Protocol adopted in October 2010 by the 10th Conference of the parties to the CBD, is a landmark for the international governance of biodiversity and a milestone in the development of the international regime governing biodiversity. However, the Protocol has been criticized as "imperfect" and "incomplete" because of ambiguities, gaps and generalities. Each country that becomes a Party to the Protocol will need to develop national legislation to meet its obligations under the Protocol, filling in gaps with national legislation in accordance with its particular situation. The integration of the Protocol into national law is important in both meanings of the first process and the bridge of putting the legal provisions of the Protocol into practice. However, there are many problems that need defined and analyzed as the bases to find solutions.The first part of this thesis analysis of problems of the Protocol in the international context, relations with the others relevant international treaties and all the contents, intrinsic problems of the Protocol in both legal and technical, scientific aspects. The part 2 of the thesis clarifies all related legal problems of integration into national law such as weakness of international law, legal points of views : dualism and momism, non-self executive treaties, the principles, methods, measures and other factors. Then, it provides case studies of national laws of Brazil, South Africa, France and takes a closer look in to practice of national legislation of Vietnam.

The Nagoya Protocol is an unprecedented international environmental agreement that equally addresses development, distributive justice, and environmental sustainability. With a balanced view of the various possible interpretations of the Protocol provisions, in light of different national and regional perspectives, and a systematic highlighting of its legal innovations, Unraveling the Nagoya Protocol: A Commentary on the Nagoya Protocol on Access and Benefit-sharing to the Convention on Biological Diversity will serve as a seminal work for all those interested in the environment, human rights, economics and both legal and scientific innovations.