Access and Benefit Sharing Models of Biodiversity Conservation in International and Comparative Law Perspective

摘要

The Access and Benefit Sharing (ABS) models of biodiversity conservation in international and comparative law perspective is mandated by the Convention on Biological Diversity (CBD), 1992; Bonn Guidelines On Access To Genetic Resources and The Fair and Equitable Sharing of Benefits (FESB) Arising Out of Their Utilization, 2001 and Nagoya Protocol on Access to Genetic Resources and the FESB Fair and Equitable Sharing of Benefits Arising from their Utilization, 2010. These laws are meant for biodiversity conservation, sustainable use, fair and FESB which in turn obligate the member states to swing into action for devising ABS law and policy. The objective of international and comparative ABS regime abjures synergy with environmental sustainability, intellectual property (IP) and sui generis system. The results of the study reveal that ABS law represents municipal traditional knowledge (TK) system deeply reflecting on communitarian environmental management and IPR system. The critical analysis of prevalent doctrines on international, comparative and Indian biodiversity conservation laws and policies in qualitative and empirical research methods reveals a monistic legal order with variation in the national specific context. The study leads to the conclusion that the ABS regime discerns a competing set of interests of biodiversity resources, sustainable development, climate change, and environmental justice delivery. Moreover, the biological diversity legislation in general and ABS laws and policies, in particular, is attuned to FESB in monetary and non-monetary terms to nurture indigenous inspiration for sustainable use and biodiversity conservation in natural and applied scientific studies.