접근 및 이익공유에 관한 나고야의정서의 채택과 향후 전망 분석

The objectives of the Convention on Biological Diversity(CBD) are conservation of biological diversity, sustainable use of its components, and fair and equitable sharing of benefits arising from the use of genetic resources. The objective of benefit sharing is a key element of measures necessary for realizations of the other objectives. The CBD acknowledge the sovereign rights of resources states to regulate access to genetic resources as well as their right to stipulate the sharing of benefits from the utilization of genetic resources. The CBD provides that users of genetic resources are obliged to share benefits arising from the utilization of genetic resources with resources states. So, the Conference of the Parties to the CBD(COP/CBD) established the Working Group on Access and Benefit-Sharing to develop guidelines and other approaches on: prior informed consent and mutually agreed terms; participation of stakeholders; benefit-sharing mechanisms; and the preservation of traditional knowledge. The Working Group made a Draft Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from Their Utilization to the Convention on Biological Diversity. The COP/CBD 10 was held from 18-29 October 2010, in Nagoya, Japan. The COP/CBD 10 considered a series of strategic, substantive, administrative and budgetary issues and adopted 47 decisions. Especially, the COP/CBD 10 adopted the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization(the Nagoya Protocol). The Nagoya Protocol provides the substantive clauses: objectives, access requirements, benefit sharing, utilization of genetic resources, indigenous and local communities and traditional knowledge, compliance, monitoring and transboundary situations. This article aims to review the study on the history of adoption of the Nagoya ABS protocol, main contents of the Nagoya Protocol and analysis on its prospection.