Commutative Justice and Access and Benefit Sharing for Genetic Resources. Issue 1 (2nd January 2018)

• Record Type: Journal Article
• Authors: Deplazes-Zemp, Anna
• Is Part Of: Ethics, policy & environment. Volume 21:Issue 1(2018)
• Page Start: 110
• Page End: 126
• Publication Date: 2018-01-02
• Subjects: Access and benefit sharing -- commutative justice -- convention on biological diversity -- genetic resources -- natural resources; Environmental ethics -- Periodicals; Environmental policy -- Periodicals; 179.1
• DOI: 10.1080/21550085.2018.1448042
• Languages: English
• ISSNs: 2155-0085

Abstract

Abstract: The Convention on Biological Diversity (CBD) and its Nagoya Protocol (NP) established an Access and Benefit Sharing (ABS) system between utilizers and providers of genetic resources. ABS is understood as a tool that should promote commutative justice between the involved parties. This essay discusses what exactly it is that is being exchanged in the ABS process. It critically analyses moral claims to compensation that are implied by the ABS system for genetic resources. It argues that with the exception of cases in which traditional knowledge is involved, states are not automatically entitled to compensation in return for the utilization of genetic resources growing within their territory. However, biodiversity-rich states that make an effort to protect biodiversity must be compensated for complying with the requests set out in the CBD. Although it acknowledges that the NP is a step towards recognizing this claim, this essay argues that ABS is not the appropriate method to compensate for biodiversity conservation.