Koreas Access and Benefit Sharing Regime: The Nagoya Protocol, Domestic Legislation, and Future Steps

Abstract

The Nagoya Protocol on access and benefit sharing of biological genetic resources 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 great innovations in global environmental governance and is expected to generate new opportunities for scientific progress. Korea has made considerable efforts to address the upcoming changes in global governance for access and benefitsharing (ABS).This paper provides an analytical survey of Korean biodiversity law and then summarizes and evaluates the legal and policy responses of the Korean government to ABS, with a focus on marine biological resources. Government departments differ as to the best approach to ABS in the Korean legal system, and the necessary incentives may not yet be present for the final resolution of ABS in Korean law.