Biodiversity Science ›› 2013, Vol. 21 ›› Issue (1): 127-131.doi: 10.3724/SP.J.1003.2013.05149

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The Global Multilateral Benefit-Sharing Mechanism: a new focus in genetic resources access and benefit-sharing negotiations

Jing Xu1, 2, Lei Cai3, Aihua Wang, Dayuan Xue1, *(), Qingwen Yang5, Junsheng Li2, Senlu Yin   

  1. 1 College of Life and Environmental Sciences, Mingzu University of China, Beijing 100081
    2 State Key Laboratory of Environmental Criteria and Risk Assessment, Chinese Academy of Environmental Sciences, Beijing 100012
    3 Department of Nature and Ecology Conservation, Ministry of Environmental Protection, Beijing 100035
    4 Foreign Economic Corporation Centre, Ministry of Environment Protection, Beijing 100035
    5 Institute of Crop Sciences, Chinese Academy of Agricultural Sciences, Beijing 100081
  • Received:2012-07-26 Accepted:2012-09-03 Online:2013-02-04
  • Xue Dayuan E-mail:xuedayuan@hotmail.com

The Global Multilateral Benefit-Sharing Mechanism (GMBSM) is an important issue in the negotiations of access and benefit-sharing of genetic resources. The consultation in regard with need for and modalities of GMBSM were initiated after the adoption of the Nagoya Protocol. This paper reviews the development and the main content of the GMBSM and analyzes positions both from provider and user countries. African groups were not able to lead negotiations of these issues due to constraints in capacity, although it is in support of the GMBSM. Some provider countries such as Brazil did not provide their support because of the concern that the GMBSM is likely to be an obstacle to these countries’ sovereign rights. Representative for user countries delayed the process by raising many technical questions. These negotiations indicate that the GMBSM may become a focus of the Conference of Parties serving as the Meetings of Nagoya Protocol, or even have the potential to be a new supplementary protocol. Regardless of this result, the process will be difficult. Participation proposals for the GMBSM negotiations at diplomatic, legal and technical aspects are also provided as follows: (1) strengthening position coordination among major partners, in particular African group; (2) conducting legal research and evaluate the consistency between the GMBSM and other international treaties, such as the Convention on Biological Diversity, United Nations Convention on the Law of the Sea, and the Antarctic Treaty; (3) carrying out a series of domestic studies to provide support for participation of the GMBSM debate and negotiations.

Key words: the Nagoya Protocol, provider countries of genetic resources, user countries of genetic resources, position

Table 1

The outstanding issues in the Nagoya Protocol Negotiations"

未决问题
Outstanding issues
争论焦点
Focus for debate
时间范围
Temporal scope
《生物多样性公约》或《名古屋议定书》生效前获取的遗传资源
Genetic resources accessed before the entry into force of the Convention on Biological Diversity or Nagoya Protocol
地理范围
Geographical scope
异地收集, 原产国不明, 或在不同原产国间跨境存在的遗传资源, 在公海或南极等国家管辖范围外获取的遗传资源
Ex-situ collection, country of origin is unknown, or sharing across boundaries, outside of national jurisdictions such as high seas
与遗传资源相关传统知识
Traditional knowledge associated with genetic resources
起源不明且跨境存在的与遗传资源相关传统知识
Traditional knowledge associated with genetic resources whose origin is unclear or is shared across boundaries
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