유전자원에의 접근 및 이익배분에 관한 나고야의정서상 세계다자이익배분체제 수립의 필요성과 형식에 대한 고찰

The Nagoya Protocol has established a bilateral benefit-sharing mechanism between a user of genetic resources and a providing country in order to combat “biopiracy." However, effective implementation of the bilateral benefit-sharing mechanism is challenging since there are cases where the providing country cannot be identified, leading to failure of the benefit-sharing according to the Nagoya Protocol. In this regard, establishment of the Global Multilateral Benefit-Sharing Mechanism (GMBSM) in Article 10 of the Nagoya Protocol should be taken into serious consideration. Since Article 10 of the Nagoya Protocol requires Parties to the Protocol to consider both the need for and and the modalities of the GMBSM, it is necessary to reach an agreement among Parties on the need for the establishment of the GMBSM before moving on to a discussion of the modalities. This study argues that there are specific situations that justify the establishment of the GMBSM, including transboundary situations or situations where it is not possible to grant or obtain Prior Informed Consent (PIC). In particular, it stresses that situations, such as cooperation among Parties concerned or the capacity building projects in place, are difficult to resolve with measures provided in the existing bilateral benefit-sharing mechanism. In addition, this study suggests a framework for possible modalities of the GMBSM that would not undermine the bilateral approach upon which the Convention on Biological Diversity and the Nagoya Protocol are founded.