Implementing the Nagoya Protocol

Comparing Access and Benefit-sharing Regimes in Europe

Series:

The adoption of the Nagoya Protocol on Access and Benefit-sharing to the Convention on Biological Diversity in 2010 is a major landmark for the global governance of genetic resources and traditional knowledge. The way in which it will be translated into practice will however depend on the concrete implementation in national country legislation across the world.

Implementing the Nagoya Protocol compares existing ABS regimes in ten European countries, including one non-EU member and one EU candidate country, and critically explores several cross-cutting issues related to the implementation of the Nagoya Protocol in the EU. Gathering some of the most professional and widely acclaimed experts in ABS issues, this book takes a major step towards filling a gap in the vast body of literature on national and regional implementation of global commitments regarding ABS and traditional knowledge.

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Brendan Coolsaet is a Research Fellow at the Centre for Philosophy of Law, UC Louvain (Belgium). He has (co-)authored a number of high-quality papers and reports on environmental governance and policy for public authorities such as the European Commission, the UK Parliament and the Belgian Government.

Fulya Batur holds an LL.B. in Law from the Université catholique de Louvain, and an LL.M in Public International Law from University College London. She is currently a PhD research fellow undertaking research on the institutional needs of agricultural biodiversity.

Arianna Broggiato is a free-lance legal consultant specialized in ABS and marine related issues. She recently finished a post-doctoral experience in law at the Université catholique de Louvain, in the research unit on Biodiversity Governance. She holds an LLM in Environmental Law and a PhD in International Law.

John Pitseys is a Research Fellow at the Centre de recherche et d’information socio-politiques (CRiSP). He graduated in Law and Philosophy at the Catholic University of Louvain and obtained a PhD in Philosophy at the Hoover Chair of Social and Economic Ethics (UCL).

Tom Dedeurwaerdere is the Director of the Biodiversity Governance Unit of the Centre for the Philosophy of Law, professor of philosophy of science at the Université catholique de Louvain and senior research associate at the National Research Foundation, Belgium (F.R.S.-FNRS).
Contents

List of Contributors iv
Acronyms xi
Preface xiv
Janez Potočnik, European Commissioner for the Environment (2010-2014)
Acknowledgements xv

Introduction. Access and Benefit-sharing & the Nagoya Protocol: The Confluence of Abiding Legal Doctrines
Arianna Broggiato, Tom Dedeurwaerdere, Fulya Batur and Brendan Coolsaet


PART I – ACCESS AND BENEFIT-SHARING REGIMES IN EUROPE

Chapter 1. Genetic Resources in a Multi-layered Institutional Cake: The Regulation of Access and Benefit-sharing in Belgium
John Pitseys, Brendan Coolsaet, Fulya Batur, Tom Dedeurwaerdere and Arianna Broggiato

Chapter 2. The ABS Framework in Denmark
Veit Koester

Chapter 3. Commentary on the ABS Provisions of the Draft Biodiversity Law of France
Claudio Chiarolla

Chapter 4. Access and Benefit-sharing in Germany
Lily O. Rodríguez, Miriam Dross and Karin Holm-Mueller

Chapter 5. Legal Framework in Greece Regarding the ABS Regime, Implementation Gaps and Issues Requiring National and International Attention
Efpraxia-Aithra Maria and Georgia-Panagiota Limniou

Chapter 6. An Analysis of the ABS Regime in the Netherlands
Bert Visser, Bernd van der Meulen and Hanna Schebesta

Chapter 7. Norwegian Experiences with ABS
Morten Walløe Tvedt

Chapter 8. Analysis of the ABS Framework in the United Kingdom 132
Elta Smith

Chapter 9. Implementing the Nagoya Protocol in Spain: Challenges and Perspectives
Luciana Silvestri and Alejandro Lago Candeira

Chapter 10. The Legal Regime of Genetic Resources in Turkey: Opportunities for Access and Benefit-sharing
Fulya Batur

PART II – IMPLEMENTING THE NAGOYA PROTOCOL IN THE EUROPEAN UNION

Chapter 11. Privateer, Pirate or Ghost Ship? An Inquiry into the Complementarity between Community Law and French Law for the Benefit of the Indigenous People of French Guiana
Philippe Karpe, Alexis Tiouka, Ivan Boev, Armelle Guignier and Florencine Edouard

Chapter 12. Private Standards and the Implementation of the Nagoya Protocol: Defining and Putting in Practice Due Diligence in the EU Regulation on ABS
María Julia Oliva

Chapter 13. The Multilevel Implementation of the Nagoya Protocol in the European Union
Christine Godt

Chapter 14. Collecting Plant Genetic Resources in Europe: A Survey of Legal Requirements and Practical Experiences
Lorenzo Maggioni, Isabel López Noriega, Isabel Lapeña, Vojtech Holubec and Johannes Engels

Conclusion. Comparing Access and Benefit-sharing in Europe
Brendan Coolsaet

Bibliography
Academics and practitioners interested in (international) environmental law, access and benefit-sharing, biodiversity, traditional knowledge, European Union law and the Nagoya Protocol.