Abstract
This paper addresses the concept of allocative effects of the Convention of Biological Diversity (CBD). The CBD signed in 1992 establishes three objectives: conservation of biodiversity, its sustainable use; and the equitable sharing of benefits derived from the utilization of genetic resources. The recognition of national sovereignty over genetic resources includes the right to regulate access to genetic resources and benefit sharing (ABS). ABS is viewed as the means to allocate benefits to both provider countries and their traditional and indigenous communities. This allocation is perceived as the compensation for the use of genetic resources, and as generator of funds to be put towards the achievements of the objectives of the CBD. Yet, experiences in the design of national and regional ABS legislations show that provider countries face institutional challenges in their national regulatory efforts. Their efforts could be categorized as non-regulation, over-regulation or under-regulation. It is also suggested; that problems and challenges that countries face at the national level, have rather an international character that need an international coordinated policy. It also seems, that the institutional mismatch between institutions and problems not only undermines the allocative character of the CBD, it also raises doubt about the effectiveness of national effort. The aim of this paper is to determine, under what institutional conditions can the CBD to enable fair and equitable benefit sharing? The focus here is on how the concepts of fairness and equity can be materialized in global governance of ABS.
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