AOSIS Workshop on Trade and Environment Montego Bay, 12-15 December 2001

A presentation from the Social, Economic and Legal Unit of the SCBD:

Trade related aspects of the Convention on Biological Diversity and the relationship with WTO.

Convention on Biological Diversity

The realization of the Convention’s objectives will not only be dependent upon addressing the negative impacts that trade may have on biological diversity but will also depend on harnessing the positive impacts that trade may have for the conservation and sustainable use of biodiversity.

Convention on Biological Diversity

The Convention contains a number of provisions that are generally understood to require measures by Parties that could have consequences for trade. In particular: Art. 8(j) on traditional and indigenous knowledge and Art. 15 on the use of genetic resources.

Convention on Biological Diversity

CBD and WTO The most important conclusion about any relationship is that the potential for conflict and the significance of the “win-win” scenarios highlight the need WTO .

for continuing direct cooperation between the CBD and the Convention on Biological Diversity

Biosafety and the precautionary approach The objective of the Biosafety Protocol is to contribute to ensuring an adequate level of protection in the field of the safe transfer, handling, and use of living modified organisms, resulting from biotechnology that may have adverse effects on the conservation and sustainable use of biological diversity, taking into account risks to human health and focusing specifically on transboundary movements.

modern Convention on Biological Diversity

Biosafety and the precautionary approach “trade and environment agreements should be mutually supportive with a view to achieving sustainable development”. “this Protocol shall not be interpreted as implying a change in the rights and obligations of a Party under any existing international agreements” this “recital is not intended to subordinate this Protocol to other international agreements”. Convention on Biological Diversity

The Convention and the TRIPS Agreement The compatibility of the TRIPs Agreement and the Convention on Biological Diversity is being considered in the context of discussions in the TRIPs Council regarding the revision of the TRIPs Agreement.

Convention on Biological Diversity

The Convention and the TRIPS Agreement The TRIPS Council has been instructed, under mandated formal reviews of the agreement to, inter alia, examine the relationship between the TRIPS Agreement and the Convention on Biological Diversity and the protection of traditional knowledge. Convention on Biological Diversity

Access and Benefit Sharing The first recommendation to the COP refers to the finalization and adoption of Draft Bonn Guidelines on Access to Genetic Resources and Fair and Equitable Sharing of the Benefits Arising out of their Utilization. Additional recommendations of the Working Group relate to other approaches, including the development of an action plan for capacity building and to the role of intellectual property rights in the implementation of access and benefit-sharing arrangements. Convention on Biological Diversity

Incentive measures A workshop on incentive measures for the conservation support and Parties, sustainable use of biological diversity was held in Montreal, on 17-19 September 2001. The purpose of the workshop was to elaborate proposals for the design and implementation of incentive measures and to make recommendations on future action at the international level to Governments and organizations in policies and projects.

developing practical Convention on Biological Diversity

Thank you

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Convention on Biological Diversity