제목

유전자원 접근 및 이익공유(ABS)체제 구축을 위한 나고야의정서와 다른 국제조약 및 문서와의 관계연구

영문명

Relationship Between Nagoya Protocol and ABS-related International Agreements

저자

오선영(Oh Sun Young)

학술지명

국제법평론

권호사항

Vol.40No.-[2014]

발행처

국제법평론회

자료유형

학술저널

수록면

77-96

발행년도

2014

KDC

361

주제어

나고야의정서,식량농업식물유전자원에 대한 국제조약,무역관련 지적재산권협정,식물신품종보호에 관한

국제협약,해양법에 관한 국제연합협약,접근 및 이익공유,Nagoya Protocol,ITPGRFA,TRIPs,UPOV,

UNCLOS,Access and Benefit-sharing

초록

The Nagoya Protocol aims to develop the legal "Access and Benefit-Sharing(ABS)" framework provided

by the Convention on Biological Diversity. One of the most controversial issues in the negotiation

of the Nagoya Protocol was the relationship between the international regime on ABS system in the

Protocol and other ABS- related international agreements and instruments. It is because the Protocol

 in principle applies to all types of genetic resources, but also the provisions relevant to ABS exist

in a range of international instruments and processes outside of the CBD. Indeed, cooperation with

other conventions, international organizations and initiatives is vital to the achievement of the fair

and equitable sharing of the benefits arising from the utilization of genetic resources, and therefore,

developing partnerships with relevant organizations to provide assistance to Parties is very imminent.

Such cooperation and engagement also fosters effective implementation of ABS system at the

national and international levels. In order to develop the relationship with other ABS related

international instruments and process, this article analyzes Article 4 of the Protocol which sets

out the relationship with international agreements and instruments, and then, addresses its

relationship with ITPGRFA, TRIPs, UPOV and UNCLOS Convention. Finally, it provides several

  recommendations to elaborate the cooperation. It is important to secure the communication

channel each other, to mention its relationship in the national law and regulations, to arrange an

appropriate dispute settlement mechanism to resolve the dispute arising from these instruments,

and to prepare a countermeasure for the disclose requirement.

목차

Ⅰ. 서론
Ⅱ. 나고야의정서 제4조의 의무내용
Ⅲ. 나고야의정서와 다른 국제조약 및 문서와의 관계
Ⅳ. 유전자원 접근 및 이익공유(ABS)체제구축을 위한 협력증진방안
Ⅴ. 결론