INTERNATIONAL UNION FOR CONSERVATION OF NATURE

Summary of Benefit-Sharing Discussions

Seminar on Conservation and Sustainable Use of Marine Biodiversity Beyond National Jurisdiction

Thomas Greiber (LL.M.)Senior Legal Officer, IUCN Environmental Law Centre

INTERNATIONAL UNION FOR CONSERVATION OF NATURE

Maint Points

• Need for benefit-sharing

• Importance of differentiated benefit-sharing

• Access component

• Need for better understanding

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INTERNATIONAL UNION FOR CONSERVATION OF NATURE

Different reasons (having their basis in UNCLOS text):• Conservation goal

– ABS as part of a complete & complementary BBNJ package– Potential benefits could support other tools of package– Tools of package might become necessary in context of access

• Common heritage as philosophical / ethical concept– Preservation for future generations– Fairness (right thing / solidarity / just & equitable economic order)– Need to be adjusted / interpreted in light of new developments

• Enabling conditions– Aligning scientific and legal world (securing conditions for research)

• Filling gaps of UNCLOS & Nagoya Protocol

Need for BS

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Range of benefits:• Monetary benefits

• Non-monetary benefits (needs based)– Capacity building, joint research, joint ventures– Access to central repository / common pool (material and / or

information)– Facilitated access– Non-use benefits (conservation itself, scientific understanding)

• Benefits according to types of utilization – Different steps from collecting and sampling to developing and

patenting product– Different sectors (research, industry, different industry branches)

• Benefits for investors & others

Importance of Differentiated BS

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INTERNATIONAL UNION FOR CONSERVATION OF NATURE

Despite focus on BS, access is an issue:• Potential negative impacts of human activities might require

– Certain level of administration / process– Minimum guidance / standards– Global / decentralized approach

• Need to monitor for– Triggering BS– Ensuring transparency & traceability– Supporting compliance (international level) & enforcement (national

level)– Global / decentralized approach (flag state - clearing house)

• Fairness– Avoid closure of access to those later in time (related to IPR)

Access Component

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INTERNATIONAL UNION FOR CONSERVATION OF NATURE

Open questions related to MSR:• Is access to “wild” resources needed? If so, what are the crucial

steps and conditions to consider?

• Would BS prevent MSR?

• Nagoya Protocol accepted by industry, any difference for BS under UNCLOS?

• Level of traceability of MGR

Need for Better Understanding

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INTERNATIONAL UNION FOR CONSERVATION OF NATURE

Open questions related to access:• Water column vs. seabed

• Global / regional – centralized / decentralized

• Entitiy(ies): new / existing

• Function(s) of entity(ies): – Administration – Repository: information / material

• Potential synergies

Need for Better Understanding