Article 4. Relationship with International Agreements and Instruments

to clarify the division of labour among different international processes and providing guidance for future developments in other institutions, and has been considered to have had some success in that direction (in the context of the General Assembly Working Group on Marine Biodiversity, the Antarctic Treaty System, the World Health Organization (WHO) and WIPO): Oberthür and Pozarowska, "Impact of the Nagoya Protocol," op.cit., 179, 187-189, 231, 240 and 243. 2 Note the proposed preambular language that did not make it into the final text of the Protocol 'noting that this Protocol will be the comprehensive protocol on access and benefit-sharing and that WIPO should use this Protocol as a basis for its ongoing work' , emphasis added, CBD Working Group on ABS, "Report of the third part of the ninth meeting of the Ad Hoc Openended Working Group on Access and Benefit-Sharing" (17 October 2010) UN Doc UNEP/CBD/ COP/10/5/Add.5, 8. 3 This is also reflected in the CBD COP decision adopting the final text of the Nagoya Protocol (CBD Decision 10/1, 6th preambular recital, where CBD Parties recognized 'that the International Regime is constituted of the Convention on Biological Diversity, the Nagoya Protocol . . ., as well as complementary instruments, including the International Treaty on Plant Genetic Resources for Food and Agriculture and the Bonn Guidelines . . .,' emphasis added).4 The role of the Protocol as a regime that applies by default (when and to the extent to which other international ABS instruments do not apply) also explains the provisions on 'special considerations' in Article 8. See this commentary on Article 8.