A Study Of Access To Genetic Resources And Benefit Sharing In FTA

After the establishment of the Convention on Biological Diversity,the Access to genetic resources and benefit sharing(ABS)system is recognized by more and more countries.But there are sharp conflicts between the developed countries' position and developing countries' position on ABS.At present,with the continuous developing of the free trade trend,more and more countries engage in free trade agreement(FTA)with ABS system,willingly or not.This is an opportunity to coordinate the positions of all parties and effectively promote the fair use and protection of genetic resources.China has signed some FTAs with the ABS system.But the provisions of ABS are relatively principle-oriented,and this issue has not fully discussed by the domestic society.With the continuous development of China's foreign trade,we are still facing the problem that is how to reflect our exact position in the FTA negotiation and how to protect our interest.Therefore,a comparative analysis of the provisions of the ABS system in FTA will help to improve the ABS system of China.This paper firstly pointed out the property of protecting genetic resources,while make reasonable use of it under the FTA.This paper makes comparative research on the ABS system in different FTAs,mainly about United States,the European Union,Australia and China,and analyzes the main clauses of ABS in FTA.Based on China'reality,some suggestions of ABS in China' FTA are put forward.This paper is divided into the following four parts:The first part is an overview of ABS in international law.The author defines ABS,and expounds the North-South conflict and the response of international law.In the second part,the legitimacy of the ABS system in the FTA is included.In this part,the author makes a concrete analysis on ABS system in the FTA from the perspective of the common interest drive,biodiversity crisis and justiability.The third part is about the core content of the ABS system in FTA.The author selects FTA of the United States,the European Union,Australia and China to study the ABS system.In this part,three methods of access to genetic resources and twoopposing attitudes towards fair and equitable benefit sharing are reviewed.The fourth part is some suggestions to improve the ABS system in FTA.First,the author expounds China' current position and core interests.Second,some suggestions to improve China's FTA model are put forward.Finally,some suggestions to improve domestic laws that underpin the FTA strategy are put forward.