2018Journal of Intellectual Property Law & PracticeRequires access

The benefit-sharing principle in international law

Jorgé Cabrera Medaglia, Frédéric Perron-Welch

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Abstract

This article addresses the benefit-sharing concept as a potential emerging principle in international sustainable development law. It reviews and studies how benefit sharing is treated in different international law regimens including the Convention on Biological Diversity and its Nagoya Protocol and other Rio Conventions, the International Treaty on Plant Genetic Resources for Food and Agriculture, Law of the Sea, selected regional agreements and ongoing international processes such as the negotiation of an international instrument for the conservation and sustainable use of biodiversity in areas beyond national jurisdiction (ABNJs). Finally some suggestions are provided for a future research agenda on this issue. The objective of this article is to provide an analysis of the benefit sharing concept in international sustainable development law and the most relevant international law instruments and processes in which benefit sharing has been addressed.

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What this paper is about

This article addresses the benefit-sharing concept as a potential emerging principle in international sustainable development law. It reviews and studies how benefit sharing is treated in different international law regimens including the Convention on Biological Diversity and its Nagoya Protocol and other Rio Conventions, the International Treaty on Plant Genetic Resources for Food and Agriculture, Law of the Sea, selected regional agreements and ongoing international processes such as the negotiation of an international instrument for the conservation and sustainable use of biodiversity in areas beyond national jurisdiction (ABNJs). Finally some suggestions are provided for a future research agenda on this issue. The objective of this article is to provide an analysis of the benefit sharing concept in international sustainable development law and the most relevant international law instruments and processes in which benefit sharing has been addressed.

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Available abstract

This article addresses the benefit-sharing concept as a potential emerging principle in international sustainable development law. It reviews and studies how benefit sharing is treated in different international law regimens including the Convention on Biological Diversity and its Nagoya Protocol and other Rio Conventions, the International Treaty on Plant Genetic Resources for Food and Agriculture, Law of the Sea, selected regional agreements and ongoing international processes such as the negotiation of an international instrument for the conservation and sustainable use of biodiversity in areas beyond national jurisdiction (ABNJs). Finally some suggestions are provided for a future research agenda on this issue. The objective of this article is to provide an analysis of the benefit sharing concept in international sustainable development law and the most relevant international law instruments and processes in which benefit sharing has been addressed.

Key concepts: Convention on Biological Diversity, International law, Jurisdiction, Negotiation, Sustainable development, Treaty, Political science, United Nations Convention on the Law of the Sea

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