Biodiversity and the Law in brief

Authored by: Charles R. McManis

Routledge Handbook of Biodiversity and the Law

Print publication date:  December  2017
Online publication date:  November  2017

Print ISBN: 9781138693302
eBook ISBN: 9781315530857
Adobe ISBN:

10.4324/9781315530857-2

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Abstract

As Burton Ong points out in Chapter 1, the Convention on Biological Diversity (CBD 1992) states in Article 1 that its threefold objective is (1) the conservation of biological diversity; (2) the sustainable use of its components; and (3) the fair and equitable sharing of the benefits arising out of the utilization of genetic resources. Article 2 defines genetic resources as genetic material of actual or potential value. While Article 3 asserts that states have the sovereign right to exploit their own resources pursuant to their own environmental policies, Article 8(j) imposes an obligation on states to (1) respect, preserve and maintain knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity; (2) promote their wider application with the approval and involvement of the holders of such knowledge, innovations and practices; and (3) encourage the equitable sharing of the benefits arising from the utilization of such knowledge, innovations and practices.

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