A Study On The Regulations Of The Benefit Sharing Of Genetic Resources Under International Law

With the development of modern science and technology, genetic resources has become a kind of the important biological resources. Meanwhile, bio-piracy is also widely spreading with the trend of being uncontrolled. The issue that how to protect genetic resources under international law has become a new program. The establishment of the system of benefit sharing of genetic resources is one of the important ways to protect genetic resources. Therefore, this system has been highly concerned by the scholars from all over the world. In-depth discussion and research on benefit sharing of genetic resources is not only of great theoretical value, but also of far-reaching practical significance. This thesis will make the study of the legal issues on benefit sharing of genetic resources more deeply and systematically, close combining with the three international legal documents: Convention on Biological Diversity(CBD), International Treaty on Plant Genetic Resources for Food and Agriculture(ITPGR), and Bonn Guidelines on Access to Genetic Resources and Fair and Equitable Sharing of the Benefits Arising out of their Utilization, with the methods of legal interpretation, comparative and cases analysis.This thesis is divided into five chapters. The first chapter explains the necessity for legal protection of genetic resources, and mainly discusses the value of genetic resources and the legal system model which can be taken for the protection of genetic resources. Chapterâ…¡demonstrates the arising and rationality of benefit sharing of genetic resources from the angle of the particularity of genetic resources. At the same time, it further explores and discusses who can share the benefits, the beneficiaries share the benefits produced by what kind of the genetic resources, and the beneficiaries can share what kind of benefits produced by the genetic resources. On the basis of the existing international legal documents, Chapterâ…¢discusses the building of international law on the benefit sharing of genetic resources, from the three specific aspects: identification and preservation of genetic resources, acquirement of genetic resources, and benefit sharing of genetic resources. Chapterâ…£discusses the foreign-related disputes settlement on benefit sharing of genetic resources, mainly including two aspects: the settlement of disputes on the interpretation and application of the provisions of the Conventions and the solution of specific disputes on benefit sharing of genetic resources. Chapterâ…¤analyzes the legislation status quo on acquirement of genetic resources and benefit-sharing. Furthermore, this part gives the principled views and suggestions on our country's legislation and practice.