Study On Compliance Mechanism Of Nagoya Protocol

China is a megadiverse country with abundant genetic resources and associated traditional knowledge.The Nagoya Protocol,which promotes the achievement of the fair and equitable Access and Benefit-Sharing objective of the Convention on Biological Diversity,is now officially coming into force in China.In recent years,a new treaty enforcement mechanism,compliance mechanism,has been developed in the field of international environmental law to promote the compliance and implementation of treaties.This mechanism is also reflected in the Nagoya Protocol.Therefore,this paper mainly focuses on the compliance mechanism of the Nagoya Protocol,and analyzes other mature environmental treaty compliance mechanism,to deepen the understanding of international environmental law implementation theory through exploration of the mechanism and analyze its impact on China.The first chapter of this article summarizes the compliance mechanism of international environmental treaty.The compliance mechanism is composed of three elements:basic rule system,compliance judgment system and non-compliance system.It emphasizes the adoption of promotional measures to improve compliance capacity,and is conducive to the implementation of compliance assistance by States parties to reduce non-compliance resulting from inadequate capacity for compliance.The second chapter deals specifically with the protocol itself,analyzes and estimates its compliance mechanisms.The compliance mechanism is the pillar of the Nagoya Protocol,the goal of it is to prevent and respond to future abuse of genetic resources or associated traditional knowledge and to ensure the implementation of the Access and Benefit-Sharing Agreement.The third chapter is a better understanding of the comparative mechanisms of the relevant international environmental treaty compliance mechanisms.Since the compliance mechanism of the Nagoya Protocol is being developed,in conjunction with the compliance mechanisms of other typical international environmental treaties to study it,could help to understand the applicable content.The status of indigenous people is officially recognized,indigenous people could participate the relevant system and procedure in compliance mechanism,this point is the Nagoya Protocol's innovation and development in the compliance mechanisms of international environmental treaties.The last chapter considers the impact of the compliance mechanism in domestic implementation,summarizes China's compliance status and analyzes its impact on compliance capacity building and domestic application.