Study on the Construction and Developments of the Nagoya Protocol on Abs
國內遺傳資源之使用管理加以規範。獲取和惠益分享 (ABS) 機制之主要目的，乃在避
促進並保障ABS 的國際制度，並在2010 年10 月29 日於名古屋舉行之CBD 第十次締
延續本人先前國科會計畫之 CBD 架構下各國ABS 的法規研究，此三年期計畫將
縱使我國並非 CBD 之締約國，但我國豐富的自然資源仍使我國不可避免的與新通
Since the adoption of the Convention on Biological Diversity (CBD) in 1992, many countries that own rich genetic resources (GR) have enacted laws and regulations for resources access and management to implement the access and benefit-sharing (ABS) provisions of the CBD. The ABS mandate is literally designed to prevent foreign users from committing bio-piracy and misappropriation of GR. The national access law and/or contract arrangement of benefit-sharing alone seem insufficient to address the situation where foreign users’ activities are beyond the jurisdiction of GR provider countries. Upon the request of the World Summit on Sustainable Development (WSSD) held in Johannesburg in September 2002, action to negotiate and elaborate an international regime to promote and safeguard ABS was initiated within the framework of the CBD. After intense debate and negotiations for many years, parties agreed to formulate a binding instrument in the form of a protocol as international regime. Finally, a Protocol on ABS was adopted at COP-10 in Nagoya, Japan, in 29 October 2010. Following previous NSC projects that had studied national practices of ABS, this three-year proposed project is of a continuing research which aims to examine and analyze the construction and developments of the newly formulated protocol. The first year (Aug. 2011~ July 2012) of the project tends to review the content and legal implications of the Nagoya Protocol with a view to revealing the strength, relevance and limits of such international instrument. During the second year (Aug. 2012~July 2013), while the protocol would be expected to come into effectiveness, the items to be examined mainly include subsequent construction and elaboration of more detailed mechanisms under the protocol, such as monitor, compliance etc.. The third year (Aug. 2013~July 2014) will focus the study of implementation of the protocol by reviewing national practices and exploring how compliance mechanism of the protocol functions. The wealth of our country’s natural resources guarantees an inseparable linkage with the developments of the ABS Protocol, irrespective of Taiwan’s not being permitted to accede to the CBD in the present. Complying with the protocol arguably would serve Taiwan’s national interest. The outcome of the research may assist our country to formulate an optimal ABS law that is able to establish a win-win partnership between GR providers and users.
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