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CONSOLIDATION, DELIMITATION AND STALEMATE. Disruptive Interplay and Strategic Incentives in the CBD-TRIPS Relationship

Author

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  • Jungcurt, Stefan
  • Meyer, Thomas

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 istitutions. 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.

Suggested Citation

  • Jungcurt, Stefan & Meyer, Thomas, 2006. "CONSOLIDATION, DELIMITATION AND STALEMATE. Disruptive Interplay and Strategic Incentives in the CBD-TRIPS Relationship," Institutional Change in Agriculture and Natural Resources Discussion Papers 18843, Humboldt University Berlin, Department of Agricultural Economics.
  • Handle: RePEc:ags:huiain:18843
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    References listed on IDEAS

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    1. Murray, Catherine, 2005. "Social Capital and Cooperation in Central and Eastern Europe: A Theoretical Perspective," Institutional Change in Agriculture and Natural Resources Discussion Papers 18831, Humboldt University Berlin, Department of Agricultural Economics.
    2. Bhat, Mahadev G., 1999. "On biodiversity access, intellectual property rights, and conservation," Ecological Economics, Elsevier, vol. 29(3), pages 391-403, June.
    3. Eggers, Jorg & Laschewski, Lutz & Schleyer, Christian, 2004. "Agri-Environmental Policy in Germany: Understanding the Role of Regional Administration," Institutional Change in Agriculture and Natural Resources Discussion Papers 18832, Humboldt University Berlin, Department of Agricultural Economics.
    4. Raustiala, Kal & Victor, David G., 2004. "The Regime Complex for Plant Genetic Resources," International Organization, Cambridge University Press, vol. 58(02), pages 277-309, April.
    5. Putnam, Robert D., 1988. "Diplomacy and domestic politics: the logic of two-level games," International Organization, Cambridge University Press, vol. 42(03), pages 427-460, June.
    6. Susanne Droege & Birgit Soete, 2001. "Trade-Related Intellectual Property Rights, North-South Trade, and Biological Diversity," Environmental & Resource Economics, Springer;European Association of Environmental and Resource Economists, vol. 19(2), pages 149-163, June.
    7. Paavola, Jouni & Adger, W. Neil, 2005. "Institutional ecological economics," Ecological Economics, Elsevier, vol. 53(3), pages 353-368, May.
    8. 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.
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