The Nagoya Protocol stems from the Convention on Biological Diversity (CBD), which is a multilateral, legally binding international convention. The CBD is one of the three "Rio Conventions", resulting from the 1992 Rio de Janeiro Earth Summit.
Objectives
- The conservation of biological diversity;
- The sustainable use of components of biological diversity;
- The fair and equitable sharing of benefits arising out of the utilization of genetic resources.
Article 15 of the CBD defines "access to genetic resources and the sharing of benefits arising out of their utilization". It recognizes the sovereign right of States over their natural resources. This article also calls on the parties to facilitate access to genetic resources and the sharing of their utilization on the basis of prior informed consent and mutually agreed terms.
The Nagoya Protocol is a complementary agreement to the Convention on Biological Diversity and is primarily aimed at implementing the third objective of the CBD: the fair and equitable sharing of the benefits arising out of the utilization of genetic resources, thereby contributing to the conservation and sustainable use of biodiversity.