국제인권법의 측면에서 본 생물다양성협약체계

The Convention on Biological Diversity and Its Protocols: from the Perspectives of International Human Rights Laws

In this paper, the Convention on Biological Diversity and its protocols have been examined from the point of view of international human rights laws, with the criticism that environmental and minority protection is insufficient as the existing concept of sustainable development. The three goals of the Convention on Biological Diversity can be addressed by the right to environmental rights, development rights, participation rights and affirmative actions derived from international human rights law, and insufficient portions of the Convention on Biological Diversity should be construed as ways to promote human rights. The right to gain the benefits arising from genetic resources is expressed as sovereignty over genetic resources under the Convention, however, it is not different from the right to self-determination or right to development under the international human rights laws. Plus, delegate authority to the UNIPP so that indigenous people can actively participate in all procedures. As the US Court of Human Rights concludes that it is important to consider the cultural and historical identity of indigenous peoples, this article has proposed a method of naming substances in a manner that honors indigenous peoples when creating new materials using indigenous genetic resources. Finally, in the case of underdeveloped countries and indigenous peoples compared to the developed countries, it is necessary to set a high profit-sharing ratio, reduce the proportion of biodiversity conservation during benefit sharing, and ultimately gain more economic benefits to the historically marginalized groups respectively. “Common But Differentiated Rights” claiming that there is a common right to share benefits arising from genetic resources, but the extent to which the interests are attributed depends on historical responsibility. Through these systems, this paper argued that the Convention on Biological Diversity could enhance the value of human rights pursued in international human rights laws.