Is the Nagoya Protocol designed to conserve biodiversity?

We have entered a monumental era in terms of realizing the impact biodiversity loss on our everyday lives. suffer from consequences due to overexploitation natural resources as we continue failing restore biodiversity. One major is emergence global pandemics. are urgent need full potential all international legal instruments creating incentives for conservation. Access and benefit-sharing or ABS an framework implemented with hopes that it would provide such incentives. Therefore, analysis whether designed achieve conservation crucial importance achieving targets. (Cardinale et al., 2012). International law provides mechanisms resulting utilizing nature. The system access (ABS) aims fairly distribute benefits between providers genetic (such biodiversity-rich countries) users biotechnology pharmaceutical companies, universities, collections botanical gardens genebanks) deriving scientific research development (GR). prescribes Parties Convention Biological Diversity (CBD) Nagoya Protocol (NP) implement national legislation providing fair GR while receiving equitable monetary fees, royalties licence fees) non-monetary technology transfer, participation recognition country origin capacity building). These lead (NP Genetic Resources Fair Equitable Sharing Benefits Arising their Utilisation 2010). fifth Global Biodiversity Outlook (GBO), conducted under auspices CBD order assess goals Aichi Targets) been met, warns us none targets met lack effective restoration initiatives (Secretariat Diversity, 2020). GBO measures achievements based range indicators, studies assessments well reports implementation. Additionally, has found its place several within United Nations Sustainable Development Goals (UN General Assembly, 2015). It also highly likely related will be indispensable part Post-2020 Framework (CBD/POST2020/PREP/2/1, palpable contribution achievement Since Targets (CBD/COP/DEC/X/2, 2010), universal conservation, fully there evaluate how instrument expected create performing objectives. With this aim, paper evaluates link by overview why was perceived can were attain overarching aim. existence functioning done analysing official documentation meetings negotiations led adoption regime, final text NP. According NP, which activities and/or incentivize biological diversity? GR, regime conservation? Does adopted NP contain regulatory incentivizing following sections answer these questions aforementioned order. Throughout negotiation period 2004 2010 legally binding ABS, relevant stakeholders occasionally discussed diversity could occur through ABS. submissions stakeholders, Group Legal Technical Experts commissioned Secretariat during discuss activities—in general—would diversity. While perception regarding role worthwhile note Bonn Guidelines provided transfer R&D results, joint activities, sharing information, building, priority needs training directly Paragraph 51 further exemplifies incentive removal perverse incentives, use well-designed economic valuation methods tool inform providers. On paragraph 48, specify should directed towards promoting sustainable then transferred establishing system, private contracts (UNEP/CBD/WGABS/4/INF/6, 2005; UNEP/CBD/WG-ABS/5/INF/4, 2007; UNEP/CBD/WG-ABS/7/5, 2009). Various perspectives visible mechanism formulated. formulated aim balancing users. This traditionally viewed addressing inequality low- middle-income countries rich traditional knowledge associated thereof high-income know-how. below opinion two stakeholders. At third Meeting November 2018, first assessment review effectiveness Protocol. report, many provider considered premature They nevertheless stated implementation enables governments raise awareness reported only 48 (46%) conditions Article 8, promote encourage contributes Furthermore, no conclusive data gathered contributed (CBD/NP/MOP/DEC/3/1, 2018). suggestions made Most providers' side presupposed they believed value sufficient channel gain Others suggested lifestyle IPLCs inherently conserve ecosystem around them therefore wisdom developed into community protocols. other hand argued that, at time, not possible see laws countries. if focuses freely determining biodiversity, inevitably result because more able earn it. Consequently, provide, return. assumptions portray understanding predominantly focus accessing physical material. bioprospecting depend less material (as mentioned representatives negotiations), inevitable question arises relationship world operates today. If predominant method behind activity scope capture supply chains latter point especially taken account context ongoing discussions relation DSI. what reference case longer norm when comes bioprospecting. determined represents reality Both support enacting ensure does negative consequence ecosystems. Such approach presupposes incorporates perhaps bulk. Another group stipulated negotiating bilateral agreements, regardless aspect access. Hence, creation rely each agreement. In case, indeed yet reliant stakeholders' interpretation, skills preference. addition, provisions different triggers pipeline. acknowledging potential, one must majority modalities agreed upon commercial often bound confidentiality (Deke, 2004; SCBD, 2008). ascertain nor monitor channelled demonstrated De Roeck (2020), myriad approaches extend received efforts exclude means channelling enhancing fairness equity inclusiveness (Normand 2020; Robinson, Nevertheless, portrays design intrinsically unless talking about strongly bulk frequently subsequently same provider. leaves dependent policies country. words, completely up obtained exception GMBSM obliges latest GMBSM's display apply situations where required address. allow direct obligation Regarding agreements users, currently exists monitoring those results reviewing A element transparency exist building block GMBSM. author offers her gratitude Prof Dr An Cliquet Arianna Broggiato valuable insights. furthermore wholeheartedly thanks Fabienne Salama Rebecca support. declares she competing interests. supports findings study available reasonable request.