The Requirements of the Convention on Biological Diversity and its Effects on the Contracts of Access to Genetic Resources

Abdipour Fard, Ebrahim; Mousavi, Seyed Jafar

doi:10.29252/JABR.05.04.01

The Requirements of the Convention on Biological Diversity and its Effects on the Contracts of Access to Genetic Resources

Document Type : Review Article

Authors

Ebrahim Abdipour Fard

Seyed Jafar Mousavi

Faculty of Law, Qom University, Qom, Iran

10.29252/JABR.05.04.01

Abstract

The implementation of the convention on biological diversity (CBD) on contracts of access to genetic resources and sharing benefits of them has led those types of contracts to be away from the traditional contracts found in the law of contracts, and as a result, have found special formats to satisfy the requirements of the CBD. After studying the conditions and specific elements within the contracts of access to the genetic resources (ABS), we will find in this paper that these contracts are not consistent with any known conventional formats and are subject to the requirements of the CBD. Due to the implementation of requirements arising from the CBD as a binding international document, the principle of freedom in these contracts is faced with a number of limitations. The failure to comply with the requirements of the CBD by each party of these contracts, especially when one considers their obligations to provide grounds for the implementation of the aims of the CBD, leads to the modification or even revoking of ABS contracts.

Keywords

Genetic Resources

Biological Diversity

Biotechnology

Food Production