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

Article type: Other

Authors: Prasad, Deva M.^{a; *} | Menon, Suchithra C.^b

Affiliations: [a] Assistant Professor of Law, Indian Institute of Management, Kozhikode, India | [b] Assistant Professor of Law, Sai University, Chennai, and Faculty at Daksha Fellowship, India

Correspondence: [*] Corresponding author. E-mail: [email protected].

Abstract: 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.

Keywords: ABS, access and benefit-sharing, Convention on Biological Diversity, equitable benefit-sharing, FPIC, free prior informed consent, Nagoya Protocol on Access and Benefit Sharing, prior informed consent, public participation

DOI: 10.3233/EPL-200241

Journal: Environmental Policy and Law, vol. 50, no. 4-5, pp. 399-404, 2020