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Legal Aspects of Access and Benefit Sharing: National & International Perspective

Author(s) Mourish. S, Hamritha. V
Country India
Abstract This doctrinal provides an in-depth legal analysis of the Access and Benefit-Sharing (ABS) framework established under the Convention on Biological Diversity (CBD) and the Nagoya Protocol, emphasizing the critical role of both national and international cooperation in the sustainable management of genetic resources and associated traditional knowledge (TK). The ABS mechanism is designed to ensure that countries providing genetic resources receive equitable benefits from their utilization, thereby promoting conservation and sustainable development.At the international level, the CBD and the Nagoya Protocol set forth binding obligations for Contracting Parties to implement national legislation that facilitates access to genetic resources while ensuring prior informed consent (PIC) and mutually agreed terms (MAT) are obtained. The document highlights various initiatives undertaken by countries to align their national laws with these international standards, including the establishment of Competent National Authorities (CNAs) and National Focal Points to streamline access processes and enhance transparency. The analysis further explores the legal implications of ABS in specific national contexts, such as India, where the Biological Diversity Act mandates benefit-sharing with local communities and Indigenous Peoples. The National Green Tribunal's rulings illustrate the enforcement of ABS obligations, reinforcing the necessity for compliance with national legislation. The document also discusses the importance of protecting traditional knowledge through legal frameworks that ensure community participation in the ABS process. Moreover, the text underscores the significance of international collaboration in addressing emerging challenges, such as the regulation of digital sequence information (DSI) and the need for harmonization of ABS laws across borders. It advocates for the establishment of global models and standardized guidelines to facilitate cross-border cooperation and reduce conflicts in accessing genetic resources .In conclusion, the document asserts that effective implementation of the ABS mechanism, supported by robust national legislation and international cooperation, is essential for achieving fair and equitable sharing of benefits derived from genetic resources. It calls for continued efforts to strengthen legal frameworks, enhance compliance mechanisms, and promote capacity building in developing countries, thereby fostering a more equitable and sustainable approach to biodiversity conservation and utilization.
Field Sociology > Administration / Law / Management
Published In Volume 6, Issue 12, December 2025
Published On 2025-12-21
DOI https://doi.org/10.70528/IJLRP.v6.i12.1875
Short DOI https://doi.org/hbhfgp
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