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Consolidation, Delimitation and Stalemate - Disruptive Interplay and Strategic Incentives in the CBD-TRIPS Relationship

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Author Info
Stefan Jungcurt () (Humboldt University of Berlin, Institute of Agricultural Economics and Social Sciences Division of Resource Economics, Luisenstr. 56, 10099, Berlin)
Thomas Meyer () (Deutsche Bank Research, eResearch, D-60272 Frankfurt am Main)

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Abstract

The relationship between the Convention on Biological Diversity (CBD) and the WTO Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS) is characterized by a persistent potential for disruptions in implementation, such as ‘biopiracy’ conflicts, because of the agreements’ incompatible provisions on property rights over genetic resources. The lack of consolidation is often explained by attempts to strategicallly exploit interplay between the two institutions. Countries of the North and the South are said to push for provisions under their preferred agreement in order to circumvent obligations under the other. We develop an alternative explanation based on a conception of international negotiators acting as agents of particular interest groups rather than as representatives of the state as a whole. Using a Two-level Games model of independent negotiations for agreements on functionally interdependent issues, we analyze the incentives for negotiators to delay or prevent consolidation for strategic reasons. Our analysis shows that, under certain conditions, persistent disruption may be due to a strategic dilemma that prevents negotiators from taking initiatives for consolidation.

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Paper provided by Division of Resource Economics, Department of Agricultural Economics and Social Sciences, Humboldt University Berlin in its series ICAR Discussion Papers (Institutional Change in Agriculture and Natural Resources) with number 1606.

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Length: 27 pages
Date of creation: Nov 2006
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Handle: RePEc:hah:icardp:1606

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Related research
Keywords: international cooperation institutional interplay disruption biopiracy CBD TRIPS genetic resources intellectual property rights

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Find related papers by JEL classification:
F51 - International Economics - - International Relations and International Political Economy - - - International Conflicts; Negotiations; Sanctions
F53 - International Economics - - International Relations and International Political Economy - - - International Agreements and Observance; International Organizations
F59 - International Economics - - International Relations and International Political Economy - - - Other
Q56 - Agricultural and Natural Resource Economics; Environmental and Ecological Economics - - Environmental Economics - - - Environment and Development; Environment and Trade; Sustainability; Environmental Accounting
Q57 - Agricultural and Natural Resource Economics; Environmental and Ecological Economics - - Environmental Economics - - - Ecological Economics

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Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.:
  1. Putnam, Robert D, 1988. "Diplomacy and Domestic Politics: The Logic of Two-Level Games," International Organization, MIT Press, vol. 42(3), pages 427-60, Summer.
  2. Ayalneh Bogale & Benedikt Korf, 2005. "To Share or Not To Share? - (Non-)Violence, Scarcity and Resource Access in Somali Region, Ethiopia," ICAR Discussion Papers (Institutional Change in Agriculture and Natural Resources) 1005, Division of Resource Economics, Department of Agricultural Economics and Social Sciences, Humboldt University Berlin. [Downloadable!]
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  3. Leger, Andreanne, 2005. "Intellectual property rights in Mexico: Do they play a role?," World Development, Elsevier, vol. 33(11), pages 1865-1879, November. [Downloadable!] (restricted)
  4. Susanne Droege & Birgit Soete, 2001. "Trade-Related Intellectual Property Rights, North-South Trade, and Biological Diversity," Environmental & Resource Economics, European Association of Environmental and Resource Economists, vol. 19(2), pages 149-163, June. [Downloadable!] (restricted)
  5. Swanson, Timothy & Goschl, Timo, 2000. "Property rights issues involving plant genetic resources: implications of ownership for economic efficiency," Ecological Economics, Elsevier, vol. 32(1), pages 75-92, January. [Downloadable!] (restricted)
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