On the jurisprudential basis of protecting genetic resources by public power and its system construction

Publish Date:2017-12-18 22:37:13Visit:259

Abstract: Genetic resources natural disposition as natural resources and their common attributes determine the necessity and feasibility of protecting genetic resources by public power. Public power regards public interest as its value orientation, which accords with the public interests demand in protecting genetic resources, and can provide strong support for realizing virtuous circle between genetic resources protection and utilization. Thus, from the perspective of public power protection, strengthening genetic resources database construction, establishing biodiversity protection mechanism on the basis of nature reserves, and perfecting the systems to prevent the loss of genetic resources are the inevitable choice to solve the realistic predicament in genetic resources protection in our country.

 

According to the author, it is no doubt that genetic resources plays an important role in the human society, which also arouse a great deal of discussions and conflicts. There have been achievements since 1992, including Convention on Biological Diversity (CBD), ABS work group and The Nagoya Protocol on Access and Benefit-sharing.

 

The author analyzes the essential attribute of genetic resources, containing natural disposition as natural resources and their common attributes, to illustrate it is necessary and reasonable to protect genetic resources by public power.

 

Finally, the author proposes four suggestions on genetic resources protection and utilization, including strengthening genetic resources database construction; establishing biodiversity protection mechanism on the basis of nature reserves; perfecting the systems to prevent the loss of genetic resources; constructing international system of genetic resources benefit and sharing.


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