Study for the Implementation in Belgium of the Nagoya Protocol on Access and Benefit Sharing to the Convention on Biological Diversity

Coolsaet, Brendan; Dedeurwaerdere, Tom; Pitseys, John; Batur, Fulya; Bossche, Koen Van Den

doi:10.2139/ssrn.2277123

Cited by 4 publications

(6 citation statements)

References 19 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…As shown elsewhere [51], more standardized benefit-sharing procedures tend to provide better guarantees to meet the social and environmental objectives of the Protocol, while at the same time offering better economic perspectives by increasing legal certainty and transparency for all the actors. The necessity of accommodating sectorial differences in such standardized procedures will, however, require some form of flexibility in the exchange protocols of genetic resources.…”

Section: Destatizationmentioning

confidence: 91%

“…In 2005, following the European Directive 98/44/EC on biotechnological inventions, which refers to Articles 8(j) and 15 of the CBD [1], Belgium also introduced a disclosure requirement for biological material. The amended patent law now requires geographical origin of the biological material that has been used as a basis for new inventions to be included in patent applications [24,51].…”

Section: Belgium As a Multi-faceted Case Of Multilevel Governancementioning

confidence: 99%

“…However, no existing national legislation currently regulates access and benefit-sharing obligations as understood by the Protocol [51]. The implementation of these obligations will need to take place simultaneously on different power levels.…”

Section: Belgium As a Multi-faceted Case Of Multilevel Governancementioning

confidence: 99%

“…In a situation of non-ratification, international entry into force of the Protocol would still require clarifying the current Belgian legal framework in light of possible future relations of Belgium as a non-Party to the Protocol with Parties to the Nagoya Protocol. Failing to do this would generate legal uncertainty and inhibit transparency, both prominent aspects of the implementation of the Nagoya Protocol, thereby potentially increasing transaction and litigation costs for users and providers [51]. This clarification would transpose the legal obligations from the CBD in Belgian law, but nevertheless be different than setting-up full-blown measures required for the implementation of the Nagoya Protocol, creating a confusing situation for users and providers where the same issue is covered by several different legal regimes.…”

Section: Internationalization and Institutional Interplaymentioning

confidence: 99%

“…However, the regions and the Federal government are competent in the field of research related to the exercise of their competences, including for instance economically oriented and industrial research (Regions) or the organization of data exchange networks between scientific institutions on the national and international level (Federal government). Finally, foreign policy and development cooperation are divided between the different entities according to the principle "in foro interno, in foro externo" [51].…”

Section: Denationalizationmentioning

confidence: 99%

See 4 more Smart Citations

The Challenges for Implementing the Nagoya Protocol in a Multi-Level Governance Context: Lessons from the Belgian Case

2013

Self Cite

View full text Add to dashboard Cite

The Nagoya Protocol on Access and Benefit-sharing is the latest protocol to the Convention on Biological Diversity (CBD). Its implementation can lead to two fundamentally different processes: a market-oriented self-regulatory approach, which emphasizes the self-regulating capacity of the economic actors involved, or a normative institutionalist approach, which focuses on the norms and formal rules of institutions that not only support and frame, but also shape and constrain the actions of the players acting within them. This paper analyzes the challenges related to the implementation of the Nagoya Protocol in the specific case of Belgium, and evaluates the possibility of moving from a self-regulatory to an institutional approach of implementation, which we argue is necessary to achieve the objectives of the Protocol. This move is analyzed in the specific multi-level governance context characterizing the Nagoya Protocol, which has a natural tendency towards a market-oriented self-regulatory approach.

show abstract

Section: Destatizationmentioning

confidence: 91%

Section: Belgium As a Multi-faceted Case Of Multilevel Governancementioning

confidence: 99%

Section: Belgium As a Multi-faceted Case Of Multilevel Governancementioning

confidence: 99%

Section: Internationalization and Institutional Interplaymentioning

confidence: 99%

Section: Denationalizationmentioning

confidence: 99%

See 3 more Smart Citations

The Challenges for Implementing the Nagoya Protocol in a Multi-Level Governance Context: Lessons from the Belgian Case

2013

Self Cite

View full text Add to dashboard Cite

show abstract

Investigating consumer preferences for known wild provenance of plants within the horticultural trade

Blackhall-Miles

Fraser

Roberts

2023

Plants People Planet

View full text Add to dashboard Cite

Although significant advances have been made in implementing international mechanisms to support the benefit sharing of natural resources in low and middle income countries, there are limited practical examples. Our research examines how the ornamental horticulture sector might be able to meet its benefit sharing requirements.Employing a consumer survey, we reveal the potential for monetary benefit sharing to emerge for plants with Known Wild Provenance. Our results indicate that although consumers value plants that have their Known Wild Provenance clearly labelled, the magnitude of this estimate is insufficient to generate meaningful monetary benefits. Summary• The global trade in ornamental plants is significant and growing. Historically, the relationship between the acquisition of novel plants from the wild for use in ornamental horticulture has been referred to as plant hunting. However, questions are now being raised about the ethical utilisation of biological resources and if those countries providing access to material from the wild are receiving adequate benefits. It is in this context that we examine if plants of Known Wild Provenance (KWP) are valued by UK consumers, and if a potential premium could be the basis of a benefit-sharing agreement.• Employing a choice experiment, we assess consumers' preferences and willingness to pay (WTP) for KWP.• Our analysis reveals that KWP did not prove to be a strong driver for plant buyers.• Although a positive WTP is generated it is relatively small. Thus, the ability of commercial horticulture to provide monetary benefits to support benefit sharing is likely limited. This result raises questions as to how benefit sharing might then be implemented if buyers of plants are not prepared to pay a price premium.

show abstract

Global Scientific Research Commons Under the Nagoya Protocol: Governing Pools of Microbial Genetic Resources

Dedeurwaerdere

Broggiato²,

Manou

2013

SSRN Journal

View full text Add to dashboard Cite

Study for the Implementation in Belgium of the Nagoya Protocol on Access and Benefit Sharing to the Convention on Biological Diversity

Cited by 4 publications

References 19 publications

The Challenges for Implementing the Nagoya Protocol in a Multi-Level Governance Context: Lessons from the Belgian Case

The Challenges for Implementing the Nagoya Protocol in a Multi-Level Governance Context: Lessons from the Belgian Case

Investigating consumer preferences for known wild provenance of plants within the horticultural trade

Global Scientific Research Commons Under the Nagoya Protocol: Governing Pools of Microbial Genetic Resources

Contact Info

Product

Resources

About