Access to Genetic Resources and Benefit Sharing

This entry examines the notion of ‘access and benefit-sharing’ in relation to the utilization of genetic resources. It traces its genesis and evolution since the 1992 Convention on Biological Diversity and outlines the conceptual differences and distinct legal implications associated with access and benefit-sharing as key aspects of the biodiversity regime. The entry underlines that the ‘access issue’ is closely related to the status of genetic resources under international law and that benefit-sharing may be regarded as the quid pro quo of that status. Specific focus is devoted to the question of fair and equitable benefit-sharing in the context of international environmental law and to its significant spill-over effect into different legal areas, such as health law, the law of the sea, and trade and intellectual property law. The potential of the notion of ‘access and benefit-sharing’ to reflect emerging principles of (customary) international law is considered in the concluding section of the entry.