The Question of Minimum Standards of ABS under the CBD International Regime: Lessons from the International Treaty on Plant Genetic Resources for Food and Agriculture

With the international regime on ABS currently under negotiations to fulfil the third objective of the Convention on Biological Diversity (CBD), this paper considers the possible relationship between the emerging international regime and the FAO International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA), especially its benefit-sharing components, paying special attention on the lessons learned from the implementation of the ITPGRFA. In particular, it assesses whether some lessons learned from the ITPGRFA Multilateral System’s implementation (MLS) may advance discussions on related international cross-sectoral issues in genetic resources. These issues include the question of whether an International Regime on ABS should expressly provide for international standards, such as mandatory minimum standards for access to genetic resources and benefit sharing in material transfer agreements (MTAs), and the issue of how to define and manage derivatives and their products thereof, as well as the potential impact of such international regulatory mechanisms on the objectives of the Convention.