Répondre aux problèmes de l'accès aux ressources génétiques: protection des sources et certitude pour les utilisateurs

ABS Series No. 1
This book provides a systematic analysis of the requirements of access law, both the CBD requirements and the basic requirements of enforceable legislation, which are often not considered in analysis of ABS legislative issues. Often key legal issues that have a significant impact on enforceability of ABS agreements are not addressed in national legislation, therefore, this book addresses these issues with the aim to recognize and understand the nature of the legal impediments that must be addressed for the drafting of functional ABS legislation. Although the book will be premised on the issues of access, it will inevitably make reference to corresponding issues of benefit sharing that are relevant for articulating the legal principles that inform a functional ABS system. In addition, this publication will provide information regarding the kinds of issues and solutions that can function legally to enable ABS implementation. Its conclusions will look at particular legal concepts that, if accepted, could form the basis for functional ABS systems that respond to the identified concerns. (translated into french 12/2008)