나고야의정서 상의 다자간 이익 공유 체계 연구

The Nagoya Protocol affirmed sovereign rights over genetic resources, and a bilateral system of access and benefit sharing (ABS) has been devised in support of this basic principle. Though a global multilateral benefit sharing mechanism (GMBSM) may in specific circumstances supplement bilateral ABS to contribute to the objectives of the Nagoya Protocol and the Convention on Biological Diversity, this early stage of implementation is a time to stabilize the domestic implementation of bilateral ABS rather than to prematurely discuss in depth the prospective of a GMBSM. Even in the case of ex situ genetic resources acquired post-CBD there must first be a confirmation of the reason or reasons why it is not possible to grant or obtain PIC. Even in those cases where multiple IPLCs in several parties share the same traditional knowledge, there must be a definition of what the “same” traditional knowledge means before we can discuss multilateral access and benefit sharing. In conclusion, at this implementation stage of the Nagoya Protocol, it is difficult to specify the situations for which it is not possible to grant or obtain PIC, nor have such situations been found. The objectives of the Protocol and Convention would be better served if the parties made more proactive use of the transboundary cooperation provisions for transboundary situations, and capacity building support provisions to aid the implementation of bilateral access and benefit sharing. Currently, in sum, we are at a stage where it is necessary to discuss the elements necessary for a successful implementation of bilateral access and benefit sharing, and it is too early to seriously discuss the prospect of a GMBSM. Furthermore, even if the parties turn to more concrete discussions of GMBSM implementation, it should never be a tool to compel benefit sharing but should rather be discussed as a system of voluntary contribution to aid the objective of fair and equitable benefit sharing.