Practical Implementation Issues for the Convention on Biological Diversity and the Nagoya Protocol from a Korean Perspective

Abstract

The Nagoya Protocol is an international agreement that aims to share the benefits arising from the use of genetic resources in a fair and equitable way. It is considered one of the innovative achievements of global environmental governance and is expected to generate new opportunities. However, the Nagoya Protocol has been described as “a masterpiece in creative ambiguity” because of its lack of legal clarity. The Republic of Korea, although it has not yet ratified the Protocol, has made considerable efforts to address the upcoming changes. The current legislation, which is one of the most important way-stations for ratification, is in its final stages. However, there are differences of opinion among government departments. This article analyses the legal and policy responses of the Korean government to access and benefit sharing, with a focus on marine biological resources.and is expected to generate new opportunities. However, the Nagoya Protocol has been described as “a masterpiece in creative ambiguity” because of its lack of legal clarity. The Republic of Korea, although it has not yet ratified the Protocol, has made considerable efforts to address the upcoming changes. The current legislation, which is one of the most important way-stations for ratification, is in its final stages. However, there are differences of opinion among government departments. This article analyses the legal and policy responses of the Korean government to access and benefit sharing, with a focus on marine biological resources.