India: Implementing the Nagoya Protocol on Access and Benefit-Sharing: Emerging Legal Challenges

The Nagoya Protocol on Access and Benefit-Sharing was adopted to help clarify the existing provisions regarding access to biological resources in the Convention on Biological Diversity. India’s domestic access and benefit-sharing (ABS) mechanism leaves much to be desired in terms of legislative desi...

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Bibliographic Details
Published in:Environmental policy and law 2020, Vol.50 (4-5), p.399-404
Main Authors: Prasad, Deva M., Menon, Suchithra C.
Format: Article
Language:English
Subjects:
Access to information
Biodiversity
Citizen participation
Convention on Biological Diversity
Decision making
Environmental law
Environmental policy
Informed consent
Jurisprudence
Knowledge
Legal issues
Nagoya Protocol
Protocol
Public participation
Regulation
Sustainable development
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Summary:The Nagoya Protocol on Access and Benefit-Sharing was adopted to help clarify the existing provisions regarding access to biological resources in the Convention on Biological Diversity. India’s domestic access and benefit-sharing (ABS) mechanism leaves much to be desired in terms of legislative design and with regard to its adherence to the environmental principles of public participation and equity. This article highlights the emerging legal issues pertaining to these aspects of ABS under India’s Biodiversity Act. Its discussion makes a case for revamping the legislative and institutional framework for effective ABS in India.
ISSN:0378-777X
1878-5395
DOI:10.3233/EPL-200241