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The implementation of the Nagoya ABS Protocol for the research sector: experience and challenges

Author

Listed:
  • Gurdial Singh Nijar

    (University of Malaya)

  • Sélim Louafi

    (Centre International de Recherche Agronomique pour le Développement (CIRAD))

  • Eric W. Welch

    (Centre for Science, Technology and Environmental Policy Studies (CSTEPS))

Abstract

Over the years, researchers in public institutions and universities have accessed genetic materials from a variety of sources, freely exchanged them with fellow researchers and institutions and shared their research results with foreign and local collaborators. The 2010 Nagoya Protocol regulating access to genetic resources is set to change this scenario. This treaty requires country parties to put in place enhanced ABS measures regulating access to their genetic resources and to provide for the sharing of benefits arising from their utilization. These measures include minimum access standards, mandatory prior informed consent of indigenous and local communities, compliance with the domestic laws or requirements of the provider country and monitoring the utilization of genetic resources. This is aimed at commercial research. Non-commercial public research which contributes to the conservation and sustainable use of biological diversity is encouraged, particularly in developing countries, through simplified measures. There are undoubtedly practical challenges in operationalizing this provision without impeding research in the sector most potentially affected by ABS measures. This article presents the results of a survey of the practices of such researchers in one developing country, namely Malaysia. It examines the potential implications for the national implementation of the Protocol. Given country specificities, this study highlights and shows the importance of increasing knowledge about existing practices for an efficient design and implementation by developing countries of a complex legislation such as the Nagoya ABS Protocol.

Suggested Citation

  • Gurdial Singh Nijar & Sélim Louafi & Eric W. Welch, 2017. "The implementation of the Nagoya ABS Protocol for the research sector: experience and challenges," International Environmental Agreements: Politics, Law and Economics, Springer, vol. 17(5), pages 607-621, October.
    • Handle: RePEc:spr:ieaple:v:17:y:2017:i:5:d:10.1007_s10784-016-9328-7
    DOI: 10.1007/s10784-016-9328-7
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    References listed on IDEAS

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    1. Dedeurwaerdere, Tom & Melindi-Ghidi, Paolo & Broggiato, Arianna, 2016. "Global scientific research commons under the Nagoya Protocol: Towards a collaborative economy model for the sharing of basic research assets," Environmental Science & Policy, Elsevier, vol. 55(P1), pages 1-10.
    2. Welch, Eric W. & Shin, Eunjung & Long, Jennifer, 2013. "Potential effects of the Nagoya Protocol on the exchange of non-plant genetic resources for scientific research: Actors, paths, and consequences," Ecological Economics, Elsevier, vol. 86(C), pages 136-147.
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    Cited by:

    1. Matilda Petersson & Peter Stoett, 2022. "Lessons learnt in global biodiversity governance," International Environmental Agreements: Politics, Law and Economics, Springer, vol. 22(2), pages 333-352, June.
    2. Peter H. Sand & Jeffrey McGee, 2022. "Lessons learnt from two decades of international environmental agreements: law," International Environmental Agreements: Politics, Law and Economics, Springer, vol. 22(2), pages 263-278, June.
    3. Gerzaín Avilés-Polanco & David J. Jefferson & Marco Antonio Almendarez-Hernández & Luis Felipe Beltrán-Morales, 2019. "Factors That Explain the Utilization of the Nagoya Protocol Framework for Access and Benefit Sharing," Sustainability, MDPI, vol. 11(20), pages 1-18, October.

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