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Convention on Biological Diversity
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PREAMBLE
[
go to this PREAMBLE
]
... Recognizing the close and
traditional
dependence of many
indigenous
and
local communities
embodying
traditional lifestyles
on
biological resources
, and the
desirability
of
sharing
equitably
benefits
arising from the use of
traditional knowledge
,
innovations
and practices
relevant
to the
conservation of biological diversity
and the
sustainable use
of its
components
, ...
... Aware that
conservation
and
sustainable use
of
biological diversity
is of critical importance for
meeting
the
food
,
health
and other needs of the growing
world
population
, for which
purpose
access
to and
sharing
of both
genetic resources
and
technologies
are essential, ...
ARTICLE-1
: Objectives [
go to this ARTICLE
]
... The
objectives
of this
Convention
, to be pursued in
accordance
with its
relevant
provisions
, are the
conservation of biological diversity
, the
sustainable use
of its
components
and the
fair
and
equitable sharing
of the
benefits
arising out of the utilization of
genetic resources
,
including
by appropriate
access
to
genetic resources
and by appropriate
transfer
of
relevant
technologies
, taking into
account
all
rights
over those
resources
and to
technologies
, and by appropriate
funding
. ...
ARTICLE-8
: In-situ Conservation [
go to this ARTICLE
]
... (j)
Subject
to its
national legislation
,
respect
, preserve and maintain
knowledge
,
innovations
and practices of
indigenous
and
local communities
embodying
traditional lifestyles
relevant
for the
conservation
and
sustainable use
of
biological diversity
and
promote
their wider
application
with the
approval
and involvement of the holders of such
knowledge
,
innovations
and practices and
encourage
the
equitable sharing
of the
benefits
arising from the utilization of such
knowledge
,
innovations
and practices; ...
ARTICLE-15
: Access to Genetic Resources [
go to this ARTICLE
]
... 7. Each
Contracting Party
shall take
legislative
,
administrative
or
policy
measures
, as appropriate, and in
accordance
with
Articles
16
and
19
and, where necessary, through the
financial mechanism
established
by
Articles
20
and
21
with the aim of
sharing
in a
fair
and
equitable
way the results of
research
and
development
and the
benefits
arising from the
commercial
and other utilization of
genetic resources
with the
Contracting Party
providing such
resources
. Such
sharing
shall be upon mutually
agreed
terms
. ...
... 7. Each
Contracting Party
shall take
legislative
,
administrative
or
policy
measures
, as appropriate, and in
accordance
with
Articles
16
and
19
and, where necessary, through the
financial mechanism
established
by
Articles
20
and
21
with the aim of
sharing
in a
fair
and
equitable
way the results of
research
and
development
and the
benefits
arising from the
commercial
and other utilization of
genetic resources
with the
Contracting Party
providing such
resources
. Such
sharing
shall be upon mutually
agreed
terms
. ...
ARTICLE-20
: Financial Resources [
go to this ARTICLE
]
... 2. The
developed country
Parties
shall provide new and additional
financial resources
to enable
developing country
Parties
to
meet
the
agreed
full
incremental
costs
to them of
implementing
measures
which fulfil the
obligations
of this
Convention
and to
benefit
from its
provisions
and which
costs
are
agreed
between a
developing country
Party
and the
institutional
structure
referred to in
Article
21
, in
accordance
with
policy
,
strategy
,
programme
priorities
and
eligibility
criteria
and an indicative
list
of incremental
costs
established
by the
Conference of the Parties
. Other
Parties
,
including
countries
undergoing the process of
transition
to a
market economy
, may voluntarily assume the
obligations
of the
developed country
Parties
. For the
purpose
of this
Article
, the
Conference of the Parties
, shall at its first
meeting
establish
a
list
of
developed country
Parties
and other
Parties
which voluntarily assume the
obligations
of the
developed country
Parties
. The
Conference of the Parties
shall periodically
review
and if necessary
amend
the
list
.
Contributions
from other
countries
and
sources
on a
voluntary
basis would also be
encouraged
. The
implementation
of these
commitments
shall take into
account
the need for adequacy, predictability and timely flow of
funds
and the importance of
burden-sharing
among the contributing
Parties
included
in the
list
. ...
ARTICLE-21
: Financial Mechanism [
go to this ARTICLE
]
... 1. There shall be a
mechanism
for the
provision
of
financial resources
to
developing country
Parties
for
purposes
of this
Convention
on a
grant
or concessional basis the essential elements of which are
described
in this
Article
. The
mechanism
shall
function
under the
authority
and
guidance
of, and be
accountable
to, the
Conference of the Parties
for
purposes
of this
Convention
. The
operations
of the
mechanism
shall be carried out by such
institutional
structure
as may be
decided
upon by the
Conference of the Parties
at its first
meeting
. For
purposes
of this
Convention
, the
Conference of the Parties
shall determine the
policy
,
strategy
,
programme
priorities
and
eligibility
criteria
relating to the
access
to and utilization of such
resources
. The
contributions
shall be such as to take into
account
the need for predictability, adequacy and timely flow of
funds
referred to in
Article
20
in
accordance
with the
amount
of
resources
needed to be
decided
periodically by the
Conference of the Parties
and the importance of
burden-sharing
among the contributing
Parties
included
in the
list
referred to in
Article
20
, paragraph 2.
Voluntary contributions
may also be made by the
developed country
Parties
and by other
countries
and
sources
. The
mechanism
shall
operate
within a
democratic
and
transparent system
of
governance
. ...
ARTICLE-Annex_II-Part_1
: Arbitration [
go to this ARTICLE
]
... Unless the
arbitral tribunal
determines otherwise because of the particular
circumstances
of the
case
, the
costs
of the
tribunal
shall be
borne
by the
parties
to the
dispute
in
equal
shares
. The
tribunal
shall keep a
record
of all its
costs
, and shall furnish a final
statement
thereof to the
parties
. ...
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