Abstract:

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