2010 ABS Prot Analyses

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Tenth Meeting of the Conference of the Parties to the Convention on Biological Diversity
18-29 October 2010 | Nagoya, Japan
Summary Highlights of the Meeting
Daily web highlights on the COP 10, including 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
Earth Negotiations Bulletin
Daily Web Coverage/Daily Reports
IISD Reporting Services (IISD RS) has produced daily web coverage, daily reports, and a summary and analysis from this meeting. To download our report please click below in the HTML or PDF icons:


Summary Report
Including Brief Analysis of the CBD COP 10 on pp. 26-28:

Vol. 9 No. 544
Monday, 1 November 2010

"Standing ovations, tears of joy and a great feeling of relief. To
some delegates, the success of COP 10 in adopting the “package”
of an ABS Protocol, a revised Strategic Plan and a decision
on implementation of the Strategy for Resource Mobilization
marked the rebirth of environmental multilateralism. The failure,
less than a year ago, to adopt a climate change agreement
sparked concerns over the ability of the UN system to take
decisive action on pressing global environmental problems.
Against this backdrop, the poor performance against the 2010
biodiversity target and the fact that the three main challenges of
COP 10 had been tied together by the G-77/China as an “all-ornothing”
package raised fears that COP 10 would suffer a similar
fate as the Copenhagen Climate Conference. But delegates
prevailed in Nagoya and this brief analysis will examine the
elements of the package and how they will affect the future
direction of the CBD. ...

(...   ...)

...A number of developments indicate that the CBD is in the
middle of an important transformation process, towards an
approach that integrates biodiversity concerns into all areas
of human activity. The Strategic Plan and activities such as
the TEEB study can give an important impulse to accelerate
this transition. With the adoption of the ABS Protocol, it can
be expected that future COPs will devote more attention to
repositioning the CBD as the key international instrument to
further efforts towards “life in harmony with biodiversity.”
COP 10 has been a necessary and important step in that
direction, not least because it showed that “Copenhagen” was
a phenomenon specific to the politics of global climate change
cooperation, rather than a crisis of the UN System and of global
environmental multilateralism as a whole."




CBD Clinches ABS Protocol in Nagoya

"...According to experts, some 90 percent of all biopiracy is related to derivatives - “naturally occurring biochemical compounds resulting from the genetic expression of metabolism of biological or genetic resources” - rather than the actual genetic resources capable of reproduction. The inclusion of derivatives was thus a main demand by a large number of developing countries. The ABS protocol’s treatment of derivatives is far from straightforward. Article 2 of the accord, which covers terms used in the text, includes far-reaching definitions of “derivatives” and the “utilization of genetic resources.” Article 3, which sets out the scope of the accord, on the other hand, makes no explicit mention of derivatives. Instead, it refers to “genetic resources within the scope of Article 15 of the Convention” and “the benefits arising from the utilization of such resources”. However, whether Article 15 of the CBD covers derivatives is the subject of disagreement between developing and developed countries. On the other hand, “benefits arising from the utilisation” of genetic resources could be interpreted to cover derivatives. “Utilisation” is also mentioned in Article 4, which covers fair and equitable benefit-sharing.
Also unclear was the status of genetic resources that had been taken out of their place of origin prior to the entry into force of the ABS protocol. Some parties to the CBD feared that a large number of cases could fall outside the Protocol’s scope without some sort of retroactive protection...."




Double Issue No. 242/243
Oct./Nov. 2010

UN anti-biopiracy treaty adopted but nagging questions remain

Several articles reporting in detail on the concluding negotiations of the ABS Protocol at the CBD COP 5 in Nagoya
are available online: