Challenges in the implementation of the Nagoya Protocol from the perspective of a member state of the European Union: the case of Spain

LAGO CANDEIRA, ALEJANDRO; SILVESTRI, LUCIANA

The 2010 Nagoya Protocol on Access and Benefit-Sharing in Perspective

Martinus Nijhoff

Lugar: Leiden; Año: 2012; p. 269 - 284

Following an illustration of Spain´s key commitment to the ABS negotiations, this chapter analyses the challenges Spain will face when implementing the Nagoya Protocol.These obstacles mainly relate to: access to genetic resources and associated traditional knowledge;fair and equitable benefit-sharing;and compliance. Additional complexities arise from Spain´s membership to the European Union (EU) and Spanish internal division of competences. As a consequence, the external challenges that Spain could face if it were to decide to ratify and implement the Protocol earlier than the EU will be discussed. In addition, certain internal challenges that could arise from the distribution of competences between the central government and the regional level will be addressed. Substantive challenges related to ownership of genetic resources, the traditional knowledge of local communities, channeling benefits towards biodiversity conservation, and compliance measures are also analyzed.