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

Relationship Between Nagoya Protocol and ABS-related International Agreements

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.