생물유전자원 및 관련 전통지식에 대한 원주민 및 지역사회의 권리보호에 관련된 주요 국제법간의 상호양립가능성 : 조약법에 관한 비엔나협약 제31조3(c)항의 역할을" 중심으로

With the advancement of biotechnology, a growing use of biological resources has been found around the world. Particularly, biopiracy, defined as misappropriation of biological resources and associated traditional knowledge usually located in developing countries by multinational corporations usually based in developed countries has also been found. In order to tackle biopiracy and protect the rights of indigenous peoples and local communities who have made enormous contributions to the conservation of biological resources and associated traditional knowledge, plenty of international agreements or instruments have been adopted largely in the international biodiversity and human rights regimes. On this basis, this article attempts to examine the compatibility of the two international regimes devoted to the protection of the rights of indigenous peoples and local communities to biological resources and associated traditional knowledge. Following the analysis of the compatibility, this article explores how the two regimes can be more property harmonized to achieve the objective particularly by focusing on the role(s) of article 31(3)(c) of the Vienna Convention on the Law of Treaties as the provision addresses the rules of treaty interpretation.