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Convention on Biological Diversity
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law
[
Global Index
]
ARTICLE-3
: Principle [
go to this ARTICLE
]
...
States
have, in
accordance
with the
Charter of the United Nations
and the
principles
of
international law
, the
sovereign right
to exploit their own
resources
pursuant to their own
environmental
policies
, and the
responsibility
to ensure that
activities
within their
jurisdiction
or
control
do not cause
damage
to the
environment
of other
States
or of
areas
beyond the
limits
of
national jurisdiction
. ...
ARTICLE-16
: Access to and Transfer of technology [
go to this ARTICLE
]
... 3. Each
Contracting Party
shall take
legislative
,
administrative
or
policy
measures
, as appropriate, with the aim that
Contracting Parties
, in particular those that are
developing countries
, which provide
genetic resources
are provided
access
to and
transfer of technology
which makes use of those
resources
, on mutually
agreed
terms
,
including
technology
protected
by
patents
and other
intellectual property rights
, where necessary, through the
provisions
of
Articles
20
and
21
and in
accordance
with
international law
and consistent with paragraphs 4 and 5 below. ...
... 5. The
Contracting Parties
, recognizing that
patents
and other
intellectual property rights
may have an
influence
on the
implementation
of this
Convention
, shall
cooperate
in this
regard
subject
to
national legislation
and
international law
in
order
to ensure that such
rights
are supportive of and do not run counter to its
objectives
. ...
ARTICLE-22
: Relationship with Other International Conventions [
go to this ARTICLE
]
... 2.
Contracting Parties
shall
implement
this
Convention
with
respect
to the
marine environment
consistently with the
rights
and
obligations
of
States
under the
law of the sea
. ...
ARTICLE-Annex_II-Part_1
: Arbitration [
go to this ARTICLE
]
... The
arbitral tribunal
shall render its
decisions
in
accordance
with the
provisions
of this
Convention
, any
protocols
concerned
, and
international law
. ...
... If one of the
parties
to the
dispute
does not appear before the
arbitral tribunal
or fails to defend its
case
, the other
party
may
request
the
tribunal
to
continue
the
proceedings
and to make its
award
.
Absence
of a
party
or a failure of a
party
to defend its
case
shall not
constitute
a bar to the
proceedings
. Before rendering its
final decision
, the
arbitral tribunal
must satisfy itself that the
claim
is well founded in
fact
and
law
. ...
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