Sustainable Biodiversity Law: Global Access, Local Benefits Marie-Claire Cordonier Segger, Director Jorge Cabrera, Lead Counsel Kathryn Garforth, Research Fellow Centre for International Sustainable Development Law McGill Faculty of Law A Side Event on Sustainable Development Law and the Proposed International Regime on Access to Genetic Resources and Benefit-Sharing

CISDL? Legal Research Centre: Based in the McGill University Faculty of Law, Montreal, Canada. Mission: To promote sustainable societies and the protection of ecosystems by advancing the understanding, development and implementation of international sustainable development law. Biodiversity Law Project: A team of developed and developing country scholars researching a series of biodiversity case studies for - legal briefs, and - legal research papers. Centre for International Sustainable Development Law:

Presentation Overview Overview of the Legal Research Paper Overview of the Legal Research Paper Problems and Needs Problems and Needs Two Case Studies of ABS Success Stories Two Case Studies of ABS Success Stories Gaps in the Existing International System Gaps in the Existing International System Conclusions to Date Conclusions to Date Brainstorm of Future Legal Research Needs: Brainstorm of Future Legal Research Needs: - What topics need further research regarding the purpose, nature and scope of an international regime on ABS? - What topics need to be researched regarding the benefits of such an international regime for local communities? Sustainable Development Law & an International ABS Regime

Overview of CISDL ABS Regime Legal Research Paper: 1. ABS in the CBD 2. Emergent Regimes on ABS - national regimes (e.g. South Africa) - regional regimes (e.g. Andean Community 391) - international regimes (e.g. FAO Plant Genetic Resources Treaty) - non-state initiatives (e.g. CGIAR) 1. The Bonn Guidelines and the WSSD Sustainable Development Law & an International ABS Regime

Overview of CISDL ABS Regime Legal Research Paper: 1. Elements to Consider in the Elaboration of an International ABS Regime: - What are the problems, what are the needs? - What are the gaps in the current system? 1) ABS and Sustainable Use of Biodiversity 2) The Fair and Equitable Sharing of Benefits i. Technology Transfer ii. Benefit-sharing obligations of user countries 3) Monitoring and Remedies 1. Conclusions and Recommendations Sustainable Development Law & an International ABS Regime

What an International ABS Regime? What is the Problem? What Are the Needs? Environmental needs Environmental needs Social needs Social needs Economic needs Economic needs Sustainable Development Law & an International ABS Regime

Two Case Studies Fijian Project to help a community concerned with environmental impacts of resource extraction to link bioprospecting with conservation. Fijian Project to help a community concerned with environmental impacts of resource extraction to link bioprospecting with conservation. Suriname Project with Maroon tribes of the interior to promote environmental, economic, scientific, political and cultural sustainability through bioprospecting. Suriname Project with Maroon tribes of the interior to promote environmental, economic, scientific, political and cultural sustainability through bioprospecting. Sustainable Development Law & an International ABS Regime

Gaps in the Current System (1) ABS and Sustainable Use of Biodiversity CBD art. 1, 11 & 15.2 CBD art. 1, 11 & 15.2 Bonn Guidelines para. 11(a) & (b); para. 51 Bonn Guidelines para. 11(a) & (b); para. 51 International regime: more measures to tie conservation and access to genetic resources International regime: more measures to tie conservation and access to genetic resources Sustainable Development Law & an International ABS Regime

Gaps in the Current System (2) Benefit-Sharing: technology transfer; obligations of user countries CBD art. 1 & 15.7 CBD art. 1 & 15.7 Bonn Guidelines para. 16(d) & Bonn Guidelines para. 16(d) & (a) Technology transfer: CBD art. 16, Bonn Guidelines obj. (g), para. 16(b)(ix), para , Appendix II, para. 2(f) (a) Technology transfer: CBD art. 16, Bonn Guidelines obj. (g), para. 16(b)(ix), para , Appendix II, para. 2(f) International regime: explicit guidelines to promote technology transfer, resolving technology transfer gap in favour of developing countries. International regime: explicit guidelines to promote technology transfer, resolving technology transfer gap in favour of developing countries. Sustainable Development Law & an International ABS Regime

Gaps in the Current System (3) Benefit-Sharing: technology transfer; obligations of user countries, cont. (b) Benefit-sharing Obligations of User Countries: CBD Art. 15.7; Bonn Guidelines para. 16(d). (b) Benefit-sharing Obligations of User Countries: CBD Art. 15.7; Bonn Guidelines para. 16(d). International regime: more obligations on user countries. Disclosure of origin provisions not sufficient. International regime: more obligations on user countries. Disclosure of origin provisions not sufficient. Sustainable Development Law & an International ABS Regime

Gaps in the Current System (4) Benefit-Sharing: technology transfer; obligations of user countries, cont. (b) Benefit-sharing Obligations of User Countries: CBD Art. 15.7; Bonn Guidelines para. 16(d). (b) Benefit-sharing Obligations of User Countries: CBD Art. 15.7; Bonn Guidelines para. 16(d). International regime: more obligations on user countries. Disclosure of origin provisions not sufficient. International regime: more obligations on user countries. Disclosure of origin provisions not sufficient. Sustainable Development Law & an International ABS Regime

Gaps in the Current System (5) Monitoring and Remedies CBD: none; Bonn Guidelines para. 55 & 61 CBD: none; Bonn Guidelines para. 55 & 61 International regime: voluntary mechanisms with principles of monitoring; effective remedies within reach of developing countries. International regime: voluntary mechanisms with principles of monitoring; effective remedies within reach of developing countries. Sustainable Development Law & an International ABS Regime

Conclusions and Recommendations Any new international regime must have clearly defined goals and not duplicate existing international initiatives. Any new international regime must have clearly defined goals and not duplicate existing international initiatives. A new international regime can have a broad scope, addressing various gaps in the current structure. A new international regime can have a broad scope, addressing various gaps in the current structure. There are benefits to an (eventually) legally binding instrument There are benefits to an (eventually) legally binding instrument There is a serious need for more research, especially of the experiences with existing regimes, the nature and structure of any new legal obligations, and the benefits for local communities. There is a serious need for more research, especially of the experiences with existing regimes, the nature and structure of any new legal obligations, and the benefits for local communities. Sustainable Development Law & an International ABS Regime

Questions for a Brainstorm of Future Legal Research Needs: What topics need further research regarding the purpose, nature and scope of an international regime on ABS? What topics need further research regarding the purpose, nature and scope of an international regime on ABS? What topics need to be researched regarding the benefits of such an international regime for local communities? What topics need to be researched regarding the benefits of such an international regime for local communities? Sustainable Development Law & an International ABS Regime

CISDL: Contact: Marie-Claire Cordonier Segger / Ashfaq Khalfan Centre for International Sustainable Development Law McGill University Faculty of Law 3661 Peel Street, Montreal, Quebec, Canada Tel: / Fax: / Because Effective Sustainable Development Law Matters.