나고야의정서 이행 제고를 위한 자율적 규제에 관한 연구

The Voluntary Instruments for Implementation of the Nagoya Protocol

After the Nagoya Protocol entered into force since 2014, many states have made endeavor to prepare the legislative measures to implement the Protocol at the domestic level and to build “Access and Benefit-sharing”(ABS) framework. Since government regulations have limitations to reflect the interests and expectations of every relevant stakeholders of the Protocol, however, voluntary actions to make regulatees implement the “ABS” by themselves have been proposed as the effective alternatives. Recent studies mostly focus on main obligations of the Protocol including prior informed consent(PIC), mutually agreed terms(MAT), monitoring and compliance and relevant legislations of foreign countries. In this regard, this paper examined voluntary instruments under the Protocol and suggested recommendations to implement successful voluntary instruments by analyzing Article 20 of the Protocol, outcomes of the international conferences regarding this Article, and its case studies. If the voluntary instruments were acknowledged by the government, it adds a greater cogency to those self-regulations in respect of its compliance under the Protocol. And it finally increases the legitimacy of voluntary instruments as an alternative way to regulate ABS. In cases where voluntary instruments become legally binding, sanctions for non-compliance should be carefully considered and regarded. The design and application of voluntary measures must be specific enough enabling to reflect stockholders’ interests in particular industries or fields. Also, Lastly, governmental active support is needed for preparing self-regulatory measures including voluntary actions.