Study Of The Benefit-Sharing In Conserving Bio-Diversity

In recent years, with the situation of bio-diversity getting worse and a series of international agreements like Convention on Biological Diversity established, conserving bio-diversity has gained more and more attention. Benefit-sharing is a new topic of importance in the field of conversing bio-diversity. There is no effective mechanism of benefit-sharing in conversing bio-diversity now, of which the contradictions between developed countries and developing countries are the right reflections. Developed counties insist that bio-diversity is Common Heritage of Mankind, so everyone can adopt it freely. Instead of giving other countries compensation for using bio-diversity, they try to make it legalized by stating that 'bio-diversity is Common Heritage' in Convention on Biological Diversity. Developing countries hold that bio-diversity within their countries' borders is their property, and they can exercise permanent sovereignty over it. Therefore, developed countries and developing countries can not reach common sense in conserving bio-diversity which leads to difficulties in conserving bio-diversity. Thus, benefit-sharing mechanism is necessary for conserving bio-diversity effectively. Common Concern of Humankind, Environmental Rights of Indigenous, Within-generation Justice and Intergeneration Justice, and Common but Differentiated Responsibility constitute the theoretical foundations of benefit-sharing mechanism and a series of international agreements related to conserving bio-diversity like Convention on Biological Diversity form the legislative authorities for it. This thesis introduces and evaluates the benefit-sharing ways in bio-diversity both existing and brought up by scholars. It confirms that the benefit-sharing pattern in bio-diversity should be assorted applications of various ways. Through the analysis of the state quo of benefit-sharing in conserving bio-diversity, it is apparent that benefit-sharing in conserving bio-diversity is the inevitable tendency. We should improve related regulations as soon as possible following the principles of 'joint emphasis on obligations and rights', "active involvements in international cooperation" and "pre-reparation", providing definitely the subjects, objects and patterns legally.