나고야의정서상 사전통고승인제도의 당사국 이행에 대한 연구

• 영문명: A Focus on Prior Informed Consent on Nagoya Protocol
• 발행기관: 중앙대학교 법학연구원
• 저자명: 최성열(Choi Sung Yul)
• 간행물 정보: 『법학논문집』法學論文集 第41輯 第3號, 175~203쪽, 전체 29쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2017.12.30

영문 초록

The tenth conference of parties of convention on biological diversity adapted the nagoya protocol on access to genetic resources and the fair and equitable sharing of benefits arising from their utilization to the convention on biological diversity. After The global environmental agreement negotiate was signed in 2010, for legal certainty and transparency for implementation. 2017 December 104 parties enjoy the nagoya protocol. According to Convention on Bological Diversity article 15, User of genetic resource and related traditional knowledge shall acquire prior inform consent from provider country. so provider country shall make appropriate measure about PIC. prior inform consent assure lawful access to genetic resource of provider country. it still controversial legal issue in nagoya protocol negotiation and party’s national legislation because nagoya protocol doesn’t regulate explicit definition of PIC After enter into the force convention on biological diversity, in order to protect theirs genetic resource and related traditional knowledge provider country going on making legislation for procedure of PIC. defend on their’s national interest it have a quite different legislation on substantial legal issue. some of country making strict and complicated legislation such as brazil and south africa, of course nagoya protocol have more progressive perspective and regulate more specific to access genetic resource but legal issue of access to genetic resource and related traditional knowledge still going on international conference In spite of deep interest to genetic resource and related traditional kowledge , 49 countries make a national legislation of access and benefit sharing including PIC procedure. in order to reviewing that practical analyze PIC, parties legislation and administrative law shall be open to ABS-CH following the article 6 of nagoya protocol but many provider countries need more information of access and result information. This research review in attempt to compare recently national implementation of PIC not only nagoya protocol parties but also CBD convention partied such as Brazil, South Africa, Japan. brazil and south africa is typical member of provider country. Brazil do not join the nagoya protocol but they make a systematic procedure of PIC base on CBD. South Africa tighten regulations to protect genetic resource and traditional knowledge by permit and IRCC. Japan is member of JUSCANZ so Japan’s guideline show the user country perspective and assertion to nagoya protocol. Korea government set enter into force nagoya protool on August 17, 2017. korea government shall making appropriate administrative policy to facilitate sustainable use and fair and equitabel sharing. so following to nagoya protocol, each department of government established Competent National Authorities that will execute, but lots of corporation and research in korea very afraid to pay access to genetic resources and related traditional knowledge. in particular, Prior Informed Consent could be a barrier between researcher and bio-trade. Cleary, nagoya protocol mechanism just establish each parties. parties of nagoya protocol, global user and ILC shall need to deeply debate and observe consistently compliance system and negotiation for lawful access. Main purpose of this article is not only analyzing lawful access but also sustainable use and protection biological diversity. so we consistently focus on how provider country make a PIC legislation and we should be compliance with nagoya protocol.

목차

Ⅰ. 들어가는 말

Ⅱ. 국제협약 상 사전통보승인제도

Ⅲ. 나고야의정상 사전통보승인제도

Ⅳ. 당사국들의 유전자원 접근 관련 이행제도

Ⅴ. 결말

참고문헌

Abstract

키워드

나고야의정서 사전통보승인 브라질 Sisgen 일본 가이드라인 국제이행준수증명서 Nagoya protocol PIC SisGen japan Guide Line IRCC