tailieunhanh - International Environmental Law Part 7

Với việc sửa đổi năm 1991 của Tổ chức thực hiện, nguồn tài nguyên di truyền thực vật không còn là các nguồn tài nguyên miền công cộng và các quốc gia đang phát triển khẳng định quyền sở hữu trên chúng. | International Instruments 307 With the 1991 amendment of the Undertaking plant genetic resources ceased to be public domain resources and developing states asserted property rights over them. Bioprospecting played a catalyst role in the enclosure of plant genetic resources based on a widespread belief that plant resources as found in the wild could be extremely valuable. After the adoption of the CBD - which subjected the transfers of germplasm to bilateral controls - the need to clarify the status of agricultural and food resources that were freely exchanged for years became obvious. At issue here were the resources kept in gene banks and the IARCs. These resources were collected before the adoption of the Biodiversity Convention and were considered to be de facto free access resources. Because they were accumulated before the adoption of the Biodiversity Convention they were not subject to the prior informed consent and other restrictive access requirements included in the convention. This is because the CBD does not have retroactive effects. Thus after the Biodiversity Convention was adopted two systems applied for access to plant genetic resources the post-1992 system which controls access to biodiversity based on the consent of the country of origin and the pre-1992 system in which unprocessed genetic resources were in essence open-access resources. Resources kept in international gene banks and the IARCs were subject to separate access requirements one for the resources acceded before 1992 open access and another for resources acceded after 1992 restricted access . This segregation between pre-1992 and post-1992 resources in the IARCs increased transaction costs and was institutionally foreign because the prevailing culture at the IARCs is free access. The IARCs could not ignore the provisions of the CBD based on a rationale that the convention was a separate institutional arrangement. Ignoring the CBD would have enraged developing countries that sought to .