International Law and International Organizations
Reference:
Rednikova, T.V.
Protection of the biological variety components
and legal regulation of equal access to benefits from them:
implementation of the provisions
of the Biodiversity Convention
// International Law and International Organizations.
2013. ¹ 4.
P. 572-577.
URL: https://en.nbpublish.com/library_read_article.php?id=63540
Rednikova, T.V. Protection of the biological variety components
and legal regulation of equal access to benefits from them:
implementation of the provisions
of the Biodiversity Convention
Abstract:
The goal of this article is to provide characteristics of the implementation of the main goals of the
Biodiversity Convention, preservation of biodiversity, sustainable use of its components and joint use of benefits
from genetic resources on just and fair basis. The article provides characteristic features of the key measures
in the national legislation, which are aimed to achieve these goals. Special attention is paid to the problem of
implementation of the goal of provision of equal access to genetic resources and fair distribution of benefits
from them. The author provides an overview of the provision of the Nagoya Protocol to the Convention, which
is fully devoted to the legal regulation of the above-mentioned problem. One of its novelties includes detailed
provisions on the possible benefits from exploitation of genetic resources. The author provides characteristics
of the Russian Federation being the state with vast natural resources, including diverse animals and plants,
which allows to treat it as a state providing genetic resources. At the same time in order to develop science and
the modern production technologies it is necessary to use genetic resources from other regions of the planet.
The author substantiates the need for the Russian Federation to join the Nagoya Protocol.
Keywords:
environmental law, biodiversity, genetic resources, guarantees of access, fair distribution, convention, protocol, benefits, natural resources, sustainable development.
This article can be downloaded freely in PDF format for reading. Download article
References
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2. Christine Godt. Enforcement of Benefit-Sharing duties in User Countries // Genetic Resources, traditional knowledge and the Law / Ed. By G. Winter and Evanson C. Kamau. Earthscan, 2009.
3. Christian Gersteller. Sharing Benefits of Using Traditionall Cultured GRs fairly// Genetic Resources, traditional knowledge and the Law / Ed. By G. Winter and Evanson C. Kamau. Earthscan, 2009
4. Gerd Winter. Towards Regional Common Pools of GRs – Improving the Effectivenes and Justice of ABS // Genetic Resources, traditional knowledge and the Law / Ed. By G. Winter and Evanson C. Kamau. Earthscan, 2009.
5. Federal'nyy zakon ot 17 fevralya 1995 g. ¹ 16-FZ «O ratifikatsii Konventsii o biologicheskom raznoobrazii» // SZ RF. 2005. ¹ 8. St. 601.
6. Bram De Jonge, Niels Lowaars. The Diversity of Principles Underlying the Concept of Benefit Sharing // Genetic Resources, traditional knowledge and the Law / Ed. By G. Winter and Evanson C. Kamau. Earthscan, 2009
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