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Regime Interaction in the Utilization of Genetic Resources - Focusing on the Nagoya Protocol

As the value of genetic resources has been increased, there are growing attentions on the international regulatory framework regarding the utilization of genetic resources. The utilization of genetic resources is regulated by Access and Benefit-Sharing regime, so called ABS. The discussion of ABS has been developed under various contexts such as conservation of biodiversity, food security, international health and trade liberalization. It means international governance of the utilization of genetic resources shows the phenomenon of fragmentated governance, without a single comprehensive agreement. In the Nagoya Protocol, there are Article 4(Relationship with International Agreements and Instruments) and Article 8(Special Consideration) to minimize negative effects of applying and implementing ABS in a fragmented landscape. Applying the concept of regime interaction, an integrated approach by investigating different stages of international law, from international law-making to enforcement and diverse actors including State and other non-state actors such as international institutions, this article conducts an empirical analysis of the regime interaction in the agriculture, health and trade sectors. The study shows that the regime interaction related to the utilization of genetic resources goes to the regime separation rather than its integration in agricultural and trade sectors. But the interaction between environment and health sector is ongoing so its result is to be watched.