제목

유전자원 접근 및 이익공유에 관한 나고야 의정서의 주요 과제에 대한 법적 분석

영문명

Legal Analysis of Main Issues and Challenges of the Nagoya Protocol

저자

박노형 ( Noh Young,Park ),정명현 ( Myung Hyun Chung ),이선 ( Seon Lee )

학술지명

안암 법학

권호사항

Vol.47No.-[2015]

발행처

안암법학회

자료유형

학술저널

수록면

111-142

언어

Korean

발행년도

2015

주제어

나고야의정서,Nagoya Protocol,접근 및 이익공유,ABS,상호합의조건,MAT,국제문서,

International instruments,특별고려,Special considerations

초록

Aiming to achieve effective implementation of the existing access and benefit-sharing (ABS) system

established by the CBD, the Nagoya Protocol develops more intensive obligations on user countries

of genetic resources (GRs). While it seeks ways to balance the ABS system between providers and

  users of GRs, to be effective, critics argue that it still faces challenges: vague terms or a lack of

definitions; the insufficiency of the binding effects of obligations on user countries because of weak

terms in related provisions; and the immature ABS system. In order to enhance the ABS operation

mechanisms of the Protocol, some urgent issues were dealt with at the first Conference of the

Parties serving as the Meeting of the Parties to the Protocol (COP/MOP1); however, there are still

intrinsic issues to be handled. This paper analyzes four fundamental problems that the Protocol has

  to overcome, and suggests the following: the mutually agreed terms (MAT) as a contractual

mechanism must function properly by taking appropriate and effective domestic measures and

 by establishing model contractual clauses by both provider and user countries of GRs; the ABS

regimes from different forums should be cooperative and be consolidated to avoid fragmentation;

user countries should develop and implement domestic measures that coordinate with measures

 of provider countries in order to establish an environment which is favorable for effective function

of MATs at and after the time of utilization of GRs while providing incentives for users of GRs

 to voluntarily share benefits arising from genetic resource utilization; and the special considerations

 specified in Article 8 of the Protocol must be recognized as exceptions to ordinary ABS operation

to facilitate expeditious ABS for present or imminent emergency cases.