Assignment (Essay)

Student Number: xxxxxx

Module Name and Number: International Environmental Law (UJGUPD-15-M)

Word Count: 3000

Coursework Question: The Convention on Biological Diversity’s Nagoya Protocol (2010) will

ensure a fair and equitable solution to the issue of access and benefit sharing of genetic materials,

especially for indigenous peoples. Critically discuss this statement with reference to the Nagoya

Protocol (2010).
Introduction

The Nagoya Protocol 1is an international pact that establishes a legislative structure for genomic

resource consumption. A genomic resource is a concrete phenomenon of biological origin in

addition to the related textual content, such as customary wisdom. They have real or prospective

significance and incorporate functionalities of inheritance that may be studied and used in

evolution. The Nagoya Protocol establishes a legal framework for the development nations to

evaluate their demands. It also encourages the simplification of municipality and permission

systems in order to provide greater access to genetic resources, stimulate biodiversity science,

and create capacity throughout human diversity in order to prevent biodiversity loss throughout

the world. The Nagoya Protocol has extensive relevance in guiding scientific collaboration,

planning for future accumulation of physiological information and material, and maintaining

historical holdings and archives. Neither the Nagoya Protocol nor CBD (convention on

biological diversity) are meant to stifle or impede research. These initiatives are intended to aid

in the facilitation of fair and equitable gain from operations such as investigation, in the

international importance of having a greater ability to understand and conserve biodiversity,

which is being lost at an astonishing rate. Furthermore Nagoya protocol is an enhancing

agreement to the UN convention for bio-diversity that helps us in getting deeper approach

towards genetic resources and equitable sharing of advantages coming from their utilization.

Adoption2 of the protocol was in 2010 in NAGOYA. It was enforced in October 2014. The
1
Buck, Matthias, and Clare Hamilton. "The Nagoya Protocol on access to genetic resources and the fair and
equitable sharing of benefits arising from their utilization to the Convention on Biological Diversity." Review of
European Community & International Environmental Law 20, no. 1 (2011): 47-61.
2
Smith, David, Manuela da Silva, Julian Jackson, and Christopher Lyal. "Explanation of the Nagoya Protocol on
access and benefit sharing and its implication for microbiology." Microbiology 163, no. 3 (2017): 289-296.
protocol aims at the fair and unbiased sharing g of the advantages driven out that, to exercise tip

resources and helping in the protection of Biodiversity. It is one of most important protocol. At

1:30 on October 30, 2010 Nagoya Protocol was adopted.

Discussion

The Nagoya3 on the help of advantage -sharing and the utilization of resources of genes is the

milestone towards recognizing our native family in not just national but international law. So,

basically the native people as well as the local community are well known to traditional

knowledge and genetic Rights of traditional knowledge. The right share benefits being raised due

to the use of resources of genetic and the knowledge of tradition to avail rights. The Convention

Biodiversity (1992) is an international agreement that was taken up in 1982 with features of 168

countries. It was entered in upholding on December 29, 1993. Every 2 years this protection holds

a call up which is called COP, the 1st of which was held in the Bahamas in 1994 from November

29 to December 9 (COP 1994). The CBD 1992 has 3 main goals.

 Protection of biodiversity

 The accurate use of its branches

 The true sharing of advantages arising from the use of resources that are related to

genetics

The CBDs 4(1992) preamble emphasized Indigenous people and their relationship of co-

dependency with the biodiversity and biological resources, which is most likely to end up

3
Smith, David, Hariet Hinz, Joseph Mulema, Philip Weyl, and Matthew J. Ryan. "Biological control and the
Nagoya Protocol on access and benefit sharing–a case of effective due diligence." Biocontrol science and
technology 28, no. 10 (2018): 914-926.
4
Lawson, Charles, Fran Humphries, and Michelle Rourke. "The future of information under the CBD, Nagoya
Protocol, Plant Treaty, and PIP Framework." The Journal of World Intellectual Property 22, no. 3-4 (2019): 103-
119.
poverty, is related to their knowledge, as well as the role of feminine. This protocol carries

significant importance for the Indigenous people because it lays out obligations in terms of

access to the protocol. Firstly, it requires the fair sharing of the benefits, the complete of (PIC),

(MAT), and explanation of a national and advantage -sharing petition with the taken part of

native people as well the local communities so that they can some important roles in the society,

can own their responsibilities on in negotiations.

 Scope of closeness to resources that are genetics

 Native knowledge and advantage-sharing

 Disclosures of benefits for the parents

 The compliance of laws under Nagoya Protocol

 The interpretation of the rules in UNDRIP for convention of biodiversity under the

provisions of articles

Any biological matter 5that holds some genes is called a genetic resource. The Nagoya is certain

use of resources to carry out benefits that will be used for the benefit world. Indigenous t has to

5
Karger, Elizabeth J., and Amber Hartman Scholz. "DSI, the Nagoya Protocol, and stakeholders’ concerns." Trends
in Biotechnology 39, no. 2 (2021): 110-112.
face backlash as the case exploitation for the knowledge they carry and ability that they have the

passage of time. The traditional knowledge, we can say that here in the protocol there is helpful

medium between both owner and user for using the resources with some legal certainty taking

part legal jurisdiction in the few ways:

 Creates more foreseeable situations for complete cover up of genetic resources

 It assists in having a good experience of advantage-sharing when traveling of try

 The protocol aids in better sharing of the advantages through so derivation and

biodiversity and possible resources and leads the protection of biodiversity.

The adoptions6 protocol marks quiet important steps towards implementation of protocol.

Resources gather from forests, animals and other microorganisms are valuable in the field of

genetics. These can be used in the production of products of other level which can be considered

next level, the composition of drugs, crop protection, specialized chemical production, and the

industrial sector. We can say that this protocol gives a platform, legal one, for the scientist as

well as researchers they can approach these resources for biotechnology in return for some

reward or payment that has been previously decided between them and their owners.

 The identification of the International Indigenous an ideal body for the meeting of

Nagoya Protocol.

 The identification of IIFB as an expertise body for the Secondary body on scientific,

technical, and technological advice SBSTTA

Approaches to Genetic Resources

6
Kursar, Thomas A. "What are the implications of the Nagoya Protocol for research on
biodiversity?." BioScience 61, no. 4 (2011): 256-257.
  Approach7 to measures must have legal working clarity and certainty

 The rules and methods must be fair and unclear

 Crystal clear laws for PIC and MAT

 The law must have regulations for the issuance of a permit when granted access

 Encourage research that will be added to the section on CBD and its sustainable use of

contingency emergency such as a threat to animal species or human health should be

under taken in concern

 Take into concern the significance of bio culture resources for food well as country side

to have protection.

There must be rules for proper and sharing of advantages that are coming up from the use of

genetic resources with an agreement party that supplies resources of genetics .Division should be

subject to MAT .Advantages can be non-money. Benefits can be in the form of royalties .Use

implies R or D on the biochemical and also resultant actions and commercialization. It means

having legal consent for implementing protocol this means having any dispute-resolving of any

dispute.

Nagoya Protocol and India

India8 entered into agreement of Nagoya Protocol in October; COP India ratified the CBD held

in Hyderabad. The law in India prevailing for the implementation of CBD is the logical Diversity

Act 2002

Protocols
7
Kamau, Evanson Chege, Gerd Winter, and Peter-Tobias Stoll, eds. Research and development on genetic
resources: Public domain approaches in implementing the Nagoya Protocol. Routledge, 2015.
8
Avilés-Polanco, Gerzaín, David J. Jefferson, Marco Antonio Almendarez-Hernández, and Luis Felipe Beltrán-
Morales. "Factors that explain the utilization of the nagoya protocol framework for access and benefit
sharing." Sustainability 11, no. 20 (2019): 5550.
  Montreal protocol

 Cartagena protocol

 Kyoto protocol

India is a signatory to the 10th meeting of the Nagoya protocol. It was also in the precinct at

Nagoya. Over there are 5 most important targets. The Aichi targets refer to 5 important goals.

Benefit-sharing of accessing out of genetic resources, he genetic recourses, between the two

countries with mutual understanding that one is the provider while it also gives guarantees use of

resources is legal, all this is covered one dimension which Nagoya protocol. Over here the

acquiring of traditional knowledge and its fair use associated with genetic resources obtained

from native people and local communities.

ABS for Genetic Resources and approaches to knowledge related to tradition

The authority9 of the state had to determine its accessioned resources as a part of their superior

over natural resources under their LAW and order because the adoption of the protocol for

protection of bio diversity was recognized in June 1992.This lead's political as well as legal

debate under the International Law (as a matter of fact it’s important to take under consideration

if its constituting humankind's or if re is full control of the superiors (sovereign state). CBD

expand sights for the sovereign state over the genetic resources so that should they should be

used sustainably parallel with the promising contracting party to take certain steps in the favor

the ornament and easy approach to the resources related to genes and not against CBD to impose

certain restrictions that block the way of facilities for CBD.

9
Xue, Dayuan. "Access and benefit sharing of genetic resources: background, progress and challenges." Biodiversity
Science 15, no. 5 (2007): 563.
 Moreover10, everything comes with its price so does CBD under this protocol the parties are here

to abide by their rules and regulations of standing responsible constitutions , admin , legal

framework as appropriate, to share fairly and equitable cults of research and the sharing of the

advantages being aroused out of the use of resources' contracting party giving these resources

constitutes three major rules regarding contract and these provision make the agreement much

reliable contracting party to implement on the references provision's provide detail on how give

and take of genetic resources are to take place while being constant Convention. Article states

access the genetic resources shall be subject to the prior informed consent (PIC) of the

contracting party that is supplying the resources unless figured out by the party. Article gives the

approach the one who is been granted must on MAT and matter to the provision of article is one

of the most thought full of the agreement to coup up with as this procedure is the framework

where CBD rest on a government to legal approach its mostly practiced in the private sectors that

transactions; here the authorities grant PIC for genetic resources is upheld non-government

entities such as research institutes; those who get and require it mostly the users of genetic

resources are non-state entities, researchers and private companies. MAT 11is only set out in the

case of an agreement with the private law contracts. The Convention of biodiversity is the golden

way of utilizing, innovating the of native knowledge and sharing the advantages arising from its

exercise practicing the pros and cons of Indigenous respect to their traditionalism related to the

protection and the use of bio diversity. According to CBD; each of the party of the contract must

respect, save and support the native knowledge, innovation and practice of the native and local

communities as far as possible and as a point to their constitution of agreement on the contact.

10
Deplazes-Zemp, Anna. "‘Genetic resources’, an analysis of a multifaceted concept." Biological conservation 222
(2018): 86-94.
11
Percy, Chimwamurombe, Mapaure Isaac, and Claassen Pamela. "Understanding the relationship between
indigenous (traditional) knowledge systems (IKS), and access to genetic resources and benefits sharing
(ABS)." African Journal of Biotechnology 9, no. 54 (2010): 9204-9207.
Sharing12 of advantages for the knowledge that is related to traditions with resources is

mentioned clearly in the provision of the Nagoya Protocol. Under the provision of this article it

clearly follow ups the word advantage-sharing. Article is really important as it holds is authentic

and clearly told which has no concrete and a non-committal provision. There is a good provision

there is a party obliged under provision of 16 one abide to provide a good legal status of

knowledge related to traditions related with resources of genes used with in their authority. The

main part is that Nagoya protocol does not define what constitutes use of native knowledge

associate with bio culture resources.

13
Traditional knowledge that is associated with the genetic resources. Over here parties are

responsible on their ends to take some certain methods with the aim of confirming that native

knowledge attached with the bio culture resources that is origin of native and local communities

is totally being accessed only with prior consent and mutually agreed terms with the Native

people. We have two articles that complement each other that is article of protocol; we see that

the parties are responsible to implement the laws that are laid down under the Nagoya Protocol

provision. The parties are responsible to inform the user of the traditional knowledge and strong

in the favour of native people and local communities as it encourages them to making decisions

on mutually agreed terms. Whereas tells a different story that Nagoya Protocol implementation

may restrict from the utilization of genetic resources.

Important features of the Nagoya Protocol

Economic scope

12
Muller, Manuel Ruiz. Genetic resources as natural information: implications for the Convention on Biological
Diversity and Nagoya Protocol. Routledge, 2015.
13
Schebesta, Hanna. "The Potential of Private Standards for Valorizing Compliance with Access and Benefit
Sharing Obligations of Genetic Resources and Traditional Knowledge." Agronomy 11, no. 9 (2021): 1823.
 Stability 14is affected by the genetic resources and there is really easy approach to traditional

knowledge of tradition with the resources .Any country that is included In the Nagoya Protocol

act is really under the responsibility of working according to the provisions aide down in the

Articles of the protocol. There is clearly stated that genetic resource and there use is f much

importance. There was a discussion that genetic resources must be used by the both parties one

providing resources and other that use it.

Temporal scope

Vienne convention15 of the law of applies unless a different prospect comes up from the treaty

Nagoya protocol and its provision does not bind any party that seems to exit the situation before

entering. The main provision of the Nagoya Protocol they all are related to each other only in

respect with to resources and advantage sharing. Associated with access toes after entrance of

Nagoya protocol. So we can say that this does mean that a state cannot make the rules implement

decided on impulsive measures in regards to genetic resources in the Nagoya Protocol.

Global multi-lateral system

Under the influence of Article we can, say that disputes are being resolved under this provision

14
Avilés-Polanco, Gerzaín, David J. Jefferson, Marco Antonio Almendarez-Hernández, and Luis Felipe Beltrán-
Morales. "Factors that explain the utilization of the Nagoya protocol framework for access and benefit
sharing." Sustainability 11, no. 20 (2019): 5550.
15
Kamau, Evanson Chege, Bevis Fedder, and Gerd Winter. "The Nagoya Protocol on Access to Genetic Resources
and Benefit Sharing: What is new and what are the implications for provider and user countries and the scientific
community." Law Env't & Dev. J. 6 (2010): 246.
and further discussions are needed. Through the advice of experts and negotiations as well as

discussion Article is being explored, Parties should consider the mechanism of benefit-sharing so

that they can get fair and sharing of advantages derived from the genetic resources uses and

knowledge of tradition that is attached with genetic resources and here it’s not possible to obtain

permission in the form of PIC. So basically, the Benefit being shared by the use of genetic

resources as well as the traditional knowledge associated with the use of genetic resources must

be for one single goal and major aim which is the protection of biodiversity and sustainable use

of its components globally.

Geographic scope

Nagoya Protocol 16in the scale of article in the protection and another article of genetic resources

and the use of protocol. It basically covers the states that exercise rights of superior this is only

the case for resources found in the premises of law. In this protocol there was observed some

certain threats that they do not want to connect Nagoya Protocol with the CBD and they do not

want to be part of the Antarctic Treaty and they are with the point of view they will keep their

spaces to themself. The parties of Antarctic Treaty won’t claim it.

Relation to other international instruments

16
Buck, Matthias, and Clare Hamilton. "The Nagoya Protocol on access to genetic resources and the fair and
equitable sharing of benefits arising from their utilization to the Convention on Biological Diversity." Review of
European Community & International Environmental Law 20, no. 1 (2011): 47-61.
 There compromises17 two parties one are those which consider that it is the benefit-sharing and

use of genetic resources and on the other side there are the people which consider it as a social

regime. Global level Treaty Of plant Genetic Resources for Food and Agriculture (ITPGRFA).

There is this obligation on the end of party no to provide any damage to the other parties under

the influence of the agreement.

Pathogens

It is a major concern that the pathogens will either be working with the CBD genetic resources

that is associated with the knowledge of the resources. Like the pathogens of the animals' plant

will proof good in different pandemics and work against them like bird flu etc. So the

biodiversity can under grow some serious fruitful effects regarding the upcoming problems and

will affect the globe effectively.

Research

Research community of Nagoya Protocol stands strong in the matter of being shareholder of this

protocol in it they are allowed to be part of this CBD community and there is some serious

expectations for the resources driven out of genes and knowledge of native people that is

attached with the genetic knowledge. Over here all the researchers want and acquire traditional

knowledge and they really want their genetic benefits for sharing.

Further ratification and expected entry into force

17
Chiarolla, Claudio, Selim Louafi, and Marie Schloen. "An analysis of the relationship between the Nagoya
protocol and instruments related to genetic resources for food and agriculture and farmers’ rights." In The 2010
Nagoya Protocol on Access and Benefit-sharing in Perspective, pp. 83-122. Brill Nijhoff, 2013.
The instrument 18of ratification is signed by the head of state government or state and deposited

to the UN's Secretary for foreign affairs. Once this instrument is deposited, it comes into force

after 90 days (about 3 months). The headquarter was opened for signatory purposes in NY on

2nd February 2011 and got the signatures of 4 states. The CBD was under taken on 22 May 1992

and put into action on 29 December 1993. The Cartagena Protocol was adopted on 29 January

2000 and entered into force on 11 September 2003. As before COP12 CBD, if one applies

similarly to Nagoya Protocol it will take three-and-a-half-year.

In the COP 10 of Nagoya Protocol it was declared that the things that were not essential and

didn’t count in the negotiations' and were still important in the operation of the Nagoya Protocol

and this inter-governmental work programmed some effective outputs. When we consider the

legislation, several questions arise:

 Will such countries being part of the Nagoya protocol can have benefit sharing for long

term or short term?

 How we can make sure of the active participation of native people?

We can say that the relation of cross structure between the indigenous use of resources that are

genetic and the knowledge that is traditional attached with it is totally separable by this we can

recognize or identify the true users of traditional knowledge and this will help in making the

human rights equal for the native people and so the most important part covers up in here that is

of the role of the women in our biodiversity.

18
Lawson, Charles, Fran Humphries, and Michelle Rourke. "The future of information under the CBD, Nagoya
Protocol, Plant Treaty, and PIP Framework." The Journal of World Intellectual Property 22, no. 3-4 (2019): 103-
119.
Conclusion

The Nagoya Protocol has brought some certain and quick changes to the globe. At an

international many much of the staff will be dependent on the legal systems and providers and

beneficial of resources that are related to genes, and there is a very less ratio of success in it. The

next step to Nagoya Protocol is the mechanism of benefit-sharing and further discussion under

the protocol and in relevant institutions (WIPO FAO) may thus e of crucial importance for ABS

governance the influence of the Nagoya protocol was a major achievement in the biodiversity

policy-making 2010 and on a large scale for goal environmental security. Further international

work preparing the entry into force of the Nagoya Protocol will be needed.

Bibliography
Avilés-Polanco, Gerzaín, David J. Jefferson, Marco Antonio Almendarez-Hernández, and Luis

Felipe Beltrán-Morales. "Factors that explain the utilization of the Nagoya protocol framework

for access and benefit sharing." Sustainability 11, no. 20 (2019): 5550.

Avilés-Polanco, Gerzaín, David J. Jefferson, Marco Antonio Almendarez-Hernández, and Luis

Felipe Beltrán-Morales. "Factors that explain the utilization of the Nagoya protocol framework

for access and benefit sharing." Sustainability 11, no. 20 (2019): 5550.

Buck, Matthias, and Clare Hamilton. "The Nagoya Protocol on access to genetic resources and

the fair and equitable sharing of benefits arising from their utilization to the Convention on

Biological Diversity." Review of European Community & International Environmental Law 20,

no. 1 (2011): 47-61.

Chiarolla, Claudio, Selim Louafi, and Marie Schloen. "An analysis of the relationship between

the Nagoya protocol and instruments related to genetic resources for food and agriculture and

farmers’ rights." In The 2010 Nagoya Protocol on Access and Benefit-sharing in Perspective, pp.

83-122. Brill Nijhoff, 2013.

Deplazes-Zemp, Anna. "‘Genetic resources’, an analysis of a multifaceted concept." Biological

conservation 222 (2018): 86-94.

Kamau, Evanson Chege, Bevis Fedder, and Gerd Winter. "The Nagoya Protocol on Access to

Genetic Resources and Benefit Sharing: What is new and what are the implications for provider

and user countries and the scientific community." Law Env't & Dev. J. 6 (2010): 246.
Kamau, Evanson Chege, Gerd Winter, and Peter-Tobias Stoll, eds. Research and development on

genetic resources: Public domain approaches in implementing the Nagoya Protocol. Routledge,

2015.

Karger, Elizabeth J., and Amber Hartman Scholz. "DSI, the Nagoya Protocol, and stakeholders’

concerns." Trends in Biotechnology 39, no. 2 (2021): 110-112.

Kursar, Thomas A. "What are the implications of the Nagoya Protocol for research on

biodiversity?." BioScience 61, no. 4 (2011): 256-257.

Lawson, Charles, Fran Humphries, and Michelle Rourke. "The future of information under the

CBD, Nagoya Protocol, Plant Treaty, and PIP Framework." The Journal of World Intellectual

Property 22, no. 3-4 (2019): 103-119.

Lawson, Charles, Fran Humphries, and Michelle Rourke. "The future of information under the

CBD, Nagoya Protocol, Plant Treaty, and PIP Framework." The Journal of World Intellectual

Property 22, no. 3-4 (2019): 103-119.

Muller, Manuel Ruiz. Genetic resources as natural information: implications for the Convention

on Biological Diversity and Nagoya Protocol. Routledge, 2015.

Percy, Chimwamurombe, Mapaure Isaac, and Claassen Pamela. "Understanding the relationship

between indigenous (traditional) knowledge systems (IKS), and access to genetic resources and

benefits sharing (ABS)." African Journal of Biotechnology 9, no. 54 (2010): 9204-9207.

Schebesta, Hanna. "The Potential of Private Standards for Valorizing Compliance with Access

and Benefit Sharing Obligations of Genetic Resources and Traditional

Knowledge." Agronomy 11, no. 9 (2021): 1823.

Smith, David, Hariet Hinz, Joseph Mulema, Philip Weyl, and Matthew J. Ryan. "Biological

control and the Nagoya Protocol on access and benefit sharing–a case of effective due

diligence." Biocontrol science and technology 28, no. 10 (2018): 914-926.

Smith, David, Manuela da Silva, Julian Jackson, and Christopher Lyal. "Explanation of the

Nagoya Protocol on access and benefit sharing and its implication for

microbiology." Microbiology 163, no. 3 (2017): 289-296.

Xue, Dayuan. "Access and benefit sharing of genetic resources: background, progress and

challenges." Biodiversity Science 15, no. 5 (2007): 563.