The Implementation of ‘Access and Benefit-sharing’ in Five eu Member States: The Achievements and Deficiencies of the Nagoya Protocol and the eu Regulation 511/2014

The Implementation of ‘Access and Benefit-sharing’ in Five eu Member States: The Achievements... The Nagoya Protocol of 2010 on Access and Benefit-sharing and the related European Regulation 511/2014 provide an answer to the question how access to genetic resources may be ensured. However, the eu itself as well as several eu member states struggle with the implementation of the protocol (and the regulation). This article analyses the difficulties encountered at the European and the national level (in five member states) with the implementation of the Nagoya Protocol obligations. It concludes that, although the Nagoya Protocol is an important step forward for the protection of biodiversity and the fight against biopiracy, it clearly is a compromise text, with all the issues arising therefrom. Also Regulation 511/2014 drops a few stiches in the clear delineation of obligations. However, on the national level this does not lead to extremely discrepant national enforcement mechanisms, at least within the five reviewed member states. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Journal for European Environmental & Planning Law Brill

The Implementation of ‘Access and Benefit-sharing’ in Five eu Member States: The Achievements and Deficiencies of the Nagoya Protocol and the eu Regulation 511/2014

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Publisher
Brill | Nijhoff
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1613-7272
eISSN
1876-0104
D.O.I.
10.1163/18760104-01401003
Publisher site
See Article on Publisher Site

Abstract

The Nagoya Protocol of 2010 on Access and Benefit-sharing and the related European Regulation 511/2014 provide an answer to the question how access to genetic resources may be ensured. However, the eu itself as well as several eu member states struggle with the implementation of the protocol (and the regulation). This article analyses the difficulties encountered at the European and the national level (in five member states) with the implementation of the Nagoya Protocol obligations. It concludes that, although the Nagoya Protocol is an important step forward for the protection of biodiversity and the fight against biopiracy, it clearly is a compromise text, with all the issues arising therefrom. Also Regulation 511/2014 drops a few stiches in the clear delineation of obligations. However, on the national level this does not lead to extremely discrepant national enforcement mechanisms, at least within the five reviewed member states.

Journal

Journal for European Environmental & Planning LawBrill

Published: Apr 21, 2017

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