Bioprospecting under the Nagoya Protocol: a conservation booster?
Claudio Chiarolla et al
IDDRI Policy Brief no 14/2013

Some proponents of access and benefit sharing (ABS) mechanisms believe that bioprospecting, if better regulated under ABS legislation and the Nagoya Protocol to the Convention on Biological Diversity (CBD), will incentivize and fund biodiversity conservation. By combining economic and legal analysis, the authors of this brief challenge this view. First, the Nagoya Protocol was not primarily designed to conserve biodiversity. Second, the provisions that call upon the Parties to allocate the advantages arising from bioprospecting towards the conservation of biodiversity are hortative in nature. Nevertheless, beyond its relatively narrow focus on the utilization of genetic resources and associated tradition knowledge, the Nagoya Protocol can be helpful to empower stakeholders, whose rights, duties and responsibilities are crucial for the conservation of biodiversity. Read the brief …