| 1. |
- Broggiato, Arianna, et al.
(författare)
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Utilisation of Marine Genetic Resources (GRs) : the access and benefit-sharing legal framework
- 2018
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Ingår i: Grand challenges in marine biotechnology. - Cham : Springer International Publishing. - 9783319690742 - 9783030098667 - 9783319690759 ; , s. 579-599
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Bokkapitel (refereegranskat)abstract
- The legal landscape regulating the access to and utilisation of genetic resources has changed with the entry into force of the Nagoya Protocol in 2014 and the adoption of the related EU Regulation on user compliance in 2014. Moreover, many countries are now adopting laws that regulate access to their genetic resources and thier utilisation. This has clear implications for scientists working on genetic resources, including those doing biotechnology research on marine organisms, as well as any user of genetic resources along the biodiscovery pipeline. This chapter informs users on their obligations under the access and benefit-sharing legal framework, with a focus on their application to marine genetic resources, for which the United Nations Convention on the Law of the Sea (1982) is also relevant. The difference between (domestic) access legislation to genetic resources and the compliance mechanisms, such as the Nagoya Protocol and the EU Regulation 511/2014, is explained in detail. A more practical description is then presented in a step-by-step approach, which can serve as a basic guideline for scientists.
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| 2. |
- Collins, Jane, et al.
(författare)
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Developing a methodology to balance benefit-sharing : application in the context of biodiversity beyond national jurisdiction
- 2020
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Ingår i: Genetic Resources. - : Alliance of Bioversity International and CIAT. - 2708-3764. ; 1:1, s. 24-39
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Tidskriftsartikel (refereegranskat)abstract
- The effectiveness and success of benefit-sharing measures to date, particularly in contributing towards the conservation and sustainable use of biodiversity, has been questionable. This is likely related to the degree of beneficial impacts versus burden on the users and regulatory authorities in terms of administrative complexities. It is, therefore, timely to reconsider which forms of benefit-sharing may most favourably balance the associated beneficial and burdensome aspects. The aim of this paper is to develop and demonstrate a benefit-sharing balance methodology which can be used as a tool to help decision-makers to select options in an objective and transparent manner. Application in the biodiversity beyond national jurisdiction context provides a useful example of how this tool can be used. Results suggest that sharing of genetic sequence data and research results provide the most favourable balance in terms of non-monetary benefit sharing, whilst the most favourable monetary benefit-sharing options were associated with research funding and salaries. The benefit-sharing balance methodology presented here provides a useful tool and starting point, which can be built upon in the future, to include more detailed information gathered from expert groups to consolidate the perceived balance of beneficial impacts versus burden. In addition, the equation can be tailored according to different policy settings where different benefit-sharing factors may be more appropriate. Ultimately, use of this tool could help to enhance implementation of benefit-sharing policies/legislation with greater potential to balance beneficial impacts with associated burden, thereby enhancing workability of the access and benefit-sharing system as a whole.
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| 3. |
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| 4. |
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| 5. |
- Sirakaya, Aysegul
(författare)
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Balanced options for access and benefit-sharing : stakeholder insights on provider country legislation
- 2019
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Ingår i: Frontiers in Plant Science. - : Frontiers Media SA. - 1664-462X. ; 10
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Tidskriftsartikel (refereegranskat)abstract
- The over-arching aim of the access and benefit-sharing (ABS) of genetic resources is to enable fair distribution of benefits between the users (such as universities and biotech companies) and providers (such as biodiversity rich countries) so as to both open the doors for innovation and create incentives for biodiversity conservation. Access to genetic resources is crucial for research related to conservation of plant genetic resources as well as R&D for agricultural products and evolved crops that can attain to the new weather conditions climate change brings. Therefore, access to genetic resources in general as well as benefit-sharing from that access is a key element for sustainable development in order to secure research as well as environmental sustainability and resource availability. ABS is currently a rapidly developing and evolving field that is shaped by each and every implementation of the Parties. This means that the national implementation of the Parties determine how ABS goals are realised and how ABS principles find form within regulatory mechanisms. These principles are found in international legal documents such as the Convention on Biological Diversity (CBD) as well as Nagoya Protocol. Additionally, decisions and guidelines drafted by the Conference of the Parties to the Convention on Biological Diversity shape these principles that are then to be fulfilled by the Parties when drafting their ABS laws by means of implementing regulatory mechanisms that comply with the international law. This article reviews 20 provider country’s ABS frameworks as well as one regional law with the aim of identifying the common regulatory mechanisms that find place in these legal texts. This descriptive approach is then followed by an empirical comparative analysis through semi-structured stakeholder interviews in order to identify the most beneficial regulatory mechanisms according to ABS experts that belong in four different stakeholder groups (provider countries, academic users, industrial users and collections)
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| 6. |
- Sirakaya, Aysegul, et al.
(författare)
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Designing Regulatory Frameworks for Access to Genetic Resources: A Multi-Stakeholder Multi-Criteria Approach
- 2020
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Ingår i: Frontiers in Genetics. - : Frontiers Media SA. - 1664-8021. ; 11
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Tidskriftsartikel (refereegranskat)abstract
- In this paper we conduct a multi-criteria analysis (MCA) from a multiple stakeholder point of view for the design of access and benefit sharing (ABS) agreements concerning genetic resources, in particular regarding the access component of such agreements. We start by analyzing the objectives defined by international law (viz. the Convention on Biodiversity and the Nagoya Protocol) that every party (i.e., all United Nations member states, except the United States) must strive to attain when developing national legislation on ABS. As countries have a certain degree of freedom concerning the way and the extent to which they need to integrate these objectives into their national frameworks and since stakeholders attach different levels of importance to these objectives, such an MCA will help identify those options that command the highest value added from the community of stakeholders. Consequently, those options are expected to hold the highest potential for successful implementation. The MCA performed in this paper is based on Saaty’s analytic hierarchy process (AHP) and starts from the objectives (i.e., criteria) enshrined in international law, and then proceeds by assessing the relative importance of these criteria from the point of view of four different stakeholder groups (industrial users, academic users, collections and provider countries). The alternatives to be evaluated in the MCA are based upon options discussed qualitatively in our previous study published in Frontiers in Plant Science (2019b). These options are now transformed into “design parameters” and are evaluated in terms of their contribution to stakeholder criteria. This evaluation is now performed in a quantitative way using MCA and is based on previous qualitative discussions with stakeholders that have been reported qualitatively in our previous paper in Frontiers in Plant Science referred to above. The final result of our MCA consists of pointing out which design parameters regarding access obtain the highest priority from the community of stakeholders and hence need to be present in national regulatory frameworks on ABS that will be implemented by member states. It is our intention to undertake similar research for the Benefit Sharing component of ABS agreements in the future.
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| 7. |
- Sirakaya, Aysegul, et al.
(författare)
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Ecosystem services in cities : towards the international legal protection of ecosystem services in urban environments
- 2018
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Ingår i: Ecosystem Services. - 2212-0416. ; 29, s. 205-212
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Tidskriftsartikel (refereegranskat)abstract
- Biodiversity provides many ecosystem services in cities that are beneficial to human well-being including adaptation to the effects of climate change and positive effects of nature on human health. Rapid urbanization however is causing an adverse impact on biodiversity and the ecosystem services they provide. Protecting and restoring urban biodiversity and ecosystem services can increase human well-being of the rapidly increasing urban population. Today, however, the international biodiversity conservation practice mainly focuses on rural areas, and not on urban conservation and restoration. Within city scale, there are several opportunities to green urban living, such as green infrastructure and urban parks and nature reserves. This paper investigates the current scientific practices for promoting and protecting ecosystem services in urban areas. Secondly, the authors review and assess the legally binding instruments on biodiversity at the international and EU level in order to see if there are sufficient existing mechanisms for protection of ecosystem services in urban areas. Thirdly, the paper elaborates on the Aichi Targets in order to explore whether or not these targets are enough to facilitate the protection and enhancement of ecosystem services in urban areas as swiftly as they are needed.
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| 8. |
- Sirakaya, Aysegul
(författare)
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Is the Nagoya Protocol designed to conserve biodiversity?
- 2022
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Ingår i: Plants People Planet. - : Wiley. - 2572-2611. ; 4:1, s. 68-75
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Tidskriftsartikel (refereegranskat)abstract
- We have entered a monumental era in terms of realizing the impact of biodiversity loss on our everyday lives. We suffer from the consequences of biodiversity loss due to overexploitation of natural resources as we continue failing to restore biodiversity. One of the major consequences of biodiversity loss is the emergence of global pandemics. We are in urgent need of realizing the full potential of all of the international legal instruments on creating incentives for biodiversity conservation. Access and benefit-sharing or ABS is an international legal framework implemented with the hopes that it would provide such incentives. Therefore, a legal analysis on whether ABS is designed to achieve biodiversity conservation is of crucial importance in achieving international conservation targets. Summary: The international ABS regime was put in place with the hope that it would aid the international community in conserving biodiversity and thereby attaining its international conservation targets. This paper conducts an empirical analysis of all of the relevant documents generated during the negotiations of the Nagoya Protocol, the major international legal instrument on ABS, to determine whether the design of the regulatory mechanisms do indeed lead to creating such incentives for conservation. Throughout the negotiations for the Nagoya Protocol, many suggestions were made by the Parties and relevant stakeholders regarding how ABS would result in creating incentives for biodiversity conservation. While some presuppose that benefit-sharing will inherently result in biodiversity conservation, others specify some economic incentives which would then generate such incentive that would result in governments directing the received benefits into conservation activities. The paper then moves on to analysing the adopted text of the Nagoya Protocol with the aim of mapping the obligations of Parties to channel benefits into conservation. It is concluded that the design of the Nagoya Protocol does not intrinsically lead to biodiversity conservation but benefit-sharing is a tool that can be directed towards biodiversity conservation.
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| 9. |
- Sirakaya, Aysegul
(författare)
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Where access and benefit-sharing comes from: A historical overview
- 2022
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Ingår i: Genetic Resources. - 2708-3764. ; 3:6, s. 74-88
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Forskningsöversikt (refereegranskat)abstract
- The international legal system of access and benefit-sharing of genetic resources (or ABS) under the Convention on Biological Diversity (CBD) is an ever-evolving field as its material, temporal and activity scope is still under discussion to meet the needs of the advancement of research and development activities as well as the questions of fairness and equity that evolve with them. Activities, such as research and development with digital sequence information (DSI), currently take considerable space in the negotiations and the lack of consensus between the Global North and Global South continues. This paper gets its raison d'être from this lack of consensus and aims to provide a better understanding of the debate around the fair and equitable sharing of benefits arising from genetic resources as well as states' sovereignty over their natural resources. As such, the paper provides an analysis of all relevant documents at the international level, starting from the UN Charter to the CBD final text with the hope of reminding the ongoing CBD negotiations why we have ABS in the first place and what the international community historically aimed for when regulating genetic resources at the international level. Looking back at why we had the first legally binding ABS instrument in the first place, and why we thought this instrument would achieve fairness and equity in dealing with genetic resources, will serve the interests of all Parties to the CBD and will hopefully enable them to interpret the provisions based on their overarching aim and reasoning.
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| 10. |
- Williams, C., et al.
(författare)
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Conservation Policy: Helping or hindering science to unlock properties of plants and fungi
- 2020
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Ingår i: Plants People Planet. - : Wiley. - 2572-2611. ; 2:5, s. 535-545
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Tidskriftsartikel (refereegranskat)abstract
- Biodiversity loss is happening at an unprecedented rate. Understanding and protecting biodiversity has never been more urgent, and scientific research is key to this. Fair and transparent access and benefit sharing policies enable research to take place, whilst supporting sustainable livelihoods of communities and ensuring benefits are shared. Current national legislation has been unevenly implemented and, in this article, we recommend frameworks be developed to standardize the provision and use of genetic resources for non-commercial research. Summary: Access to genetic resources for scientific research is vital to support and promote the conservation and sustainable use of the world's biodiversity. The regulatory framework for research is stipulated by Access and Benefit Sharing (ABS) legislation at a national level, but other elements –legal transparency, respect, cooperation, and trust –are essential for its effective and sustainable implementation. Despite the intention of this “ABS regime” to protect natural resources and associated knowledge from misappropriation, several studies have questioned whether national regulatory approaches have led to constraints on research and conservation. We analyse evidence and provide case studies on how these regulations are affecting research. We find that the number of Internationally Recognized Certificates of Compliance (IRCC) of the Nagoya Protocol (NP), the key compliance mechanism of the ABS system, doubled in the six months prior to February 2020 and analyse why this may be the case. Additionally, a survey of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) Authorities in 28 countries, found differences in the way the Registered Scientific Institute scheme is interpreted and used to facilitate scientific research. Our results suggest while the regulatory systems are perceived as hindering research and conservation, regulatory mechanisms enabling responsible research are becoming increasingly functional. We argue that functional and transparent systems are needed for both regulators and researchers, to ensure that non-commercial research can continue smoothly, and present conclusions to support research for the benefit of all countries and partners involved, through appropriate frameworks for implementation and reporting. © 2020 The Authors, Plants, People, Planet © New Phytologist Foundation
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