Navigating Biodiversity Governance

The Nagoya Protocol

The Nagoya Protocol applies to genetic resources covered in CBD and the benefits realized from its their use, including in environmental studies dissertation help. The Nagoya protocol also provides on traditional knowledge (TK) that is linked with genetic resources in the CBD and their purpose (Kamau, Fedder and Winter, 2010, p. 246). The Nagoya Protocol is a supplementary agreement of the Convention on Biological Diversity (CBD), and it is the most crucial multilateral environmental covenant recently implemented. The Protocol was performed on 12th October 2014 and has marked an essential step in implementing the CBD. The goal of the Nagoya Protocol is to set an international, legal binding policy that promotes an effective and transparent implementation at local, national, and regional levels. The objective of the Protocol is ensuring there is value for biodiversity and the ecosystem services, and taking relevant account for the value in the sustainable use and conservation initiatives. The implementation of the Nagoya Protocol marked a vital milestone for CBD.

Nagoya Protocol in relation to Malaysia

Malaysia has its own ABS Law for the Nagoya Protocol, which has already been approved by the National Legal Counsel. Malaysia ratified the international treaty on plant genetic resources for food and agriculture (ITPGRFA) on 5th May 2003 (Gerstetter, Görlach, Neumann, and Schaffrin, 2007, p. 259). Being part of the CBD parties, Malaysia is required to implement the Nagoya Protocol since it is among the world’s mega-biodiversity nations. However, Malaysia has not ratified the Protocol to defend issues that are linked to Access and Benefit Sharing (ABS). These include synthetic biology, information connected to the use of biological resources, and the multilateral benefit-sharing method. All the matters related to the CBD, such as the Nagoya Protocol, are overseen by the Ministry of Natural Resources. The States Government handles issues and management of biological diversity. Sabah and Sarawak states in Malaysia have already formed domestic or state ABS Laws. For the harmonization of the National ABS Law, all the elements linked to the rights of the farmers and other related issues must be considered through various negotiations. Malaysia is at its final stage of implementing the ABS Law. Whenever the ABS Law has been accepted, the execution method must be discussed thoroughly and defined appropriately by the competent authorities (Halewood, Andrieux, Crisson, and Gapusi, J.R., 2013, p. 68). For the implementation of ITPGRFA, there is a need for continuous support from the stakeholders, including financial bankrolling for the operations and management of the National Genebank. The Genebank coordinates and monitors Malaysia’s genetic resources.

Assessing the Convention on Biological Diversity (CBD)

The CBD converses biological diversity, the sustainability of the components, equitable, and fair sharing of these benefits that come out from the genetic resources. The goal of the CBD is to promote sustainable development, which is a common issue for humankind. Through the CBD, countries have the sovereign right over their biological resources and must handle the overriding needs for social and economic development. The CBD has made particular references to the extra procedural and policy measures that promote sustainable use and conservation (Dobson, 2005, p. 229). For instance, the parties must adopt socially and economically sound incentives for this goal. It also identifies the essence of public awareness and education for effectively implementing CBD. CBD guarantees technical and scientific cooperation for supporting sustainable use and conservation of biological diversity. Through the Cartagena Protocol, biological diversity is safeguarded from possible risks posed by living modified organisms. The Biosafety Protocol clarifies that the products from new technological advancements must be founded on the precautionary principle and allow the developing countries to balance economic benefits and public health. For instance, it will enable countries to prohibit importations of genetically modified organisms whenever they feel that there is a lack of adequate scientific proof of the safety of the product.

Malaysia and the CBD

Malaysia was the 64th country to ratify the CBD in 1994 June, and it has remained at the forefront of executing its mandate under the Convention. Malaysia has progressed a lot and undertaken essential steps in accomplishing efficient biodiversity protection, management, and conservation. Malaysia implemented the act in 1994 and the National Policy on Biological Diversity in 1998. Since then, Malaysia has integrated the preservation of biodiversity as a critical element of its sustainable development initiatives, which is consistent with its five-year development plans (Cock et al. 2010, p. 199). Malaysia has strongly advocated for a path of development that focuses on conservation while seeking to accomplish socio-economic development initiatives. Malaysia also has a good record concerning the legal frameworks governing different biodiversity lined elements both at the state and federal levels. Besides, Malaysia has adopted the Malaysian Organic Scheme (MOS), a certification program that certifies farms that operate using organic techniques in line with the guidelines and criteria in the country’s standards. Since gaining independence, Malaysia has undergone rapid development of its economy, which is because of the use of the nation’s human capital development and abundant natural resources. The marine protected regions under the CBD cover different habitats such as seagrasses, mangrove forests, and coral reefs.

Regulation of exporting plant sample from Malaysia based on the Malaysian government

The ease of trading in Malaysia across the borders has remained ranked as among the best in international comparisons. However, Malaysia is not a completely open and free market. The import and export barriers at Malaysia protect the strategic sectors and the domestic market, alongside maintaining its religious and cultural norms. The technical obstacles, including certification of exportation of plants, are regulated through sanitary and licensing controls. The country also has an export licensing system, and in some sectors, Malaysia has its tax programs that offer subsidies for the exports. The objective is restricting exports of particular goods such as plants. Taxes and government agencies are examined on the shipping to promote domestic processing. The Cartagena and Nagoya Protocols come into play when seeking to export samples from Malaysia. This is because they govern the country’s rules on exportation, especially on protecting its biological diversity. While Malaysia has not adequately enacted the Protocol, the Cartagena protocol is very crucial in ensuring the country’s biodiversity is protected.

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References

Cock, M.J., van Lenteren, J.C., Brodeur, J., Barratt, B.I., Bigler, F., Bolckmans, K., Cônsoli, F.L., Haas, F., Mason, P.G. and Parra, J.R.P., 2010. Do new access and benefit sharing procedures under the convention on biological diversity threaten the future of biological control?. BioControl, 55(2), pp.199-218.

Dobson, A., 2005. Monitoring global rates of biodiversity change: challenges that arise in meeting the Convention on Biological Diversity (CBD) 2010 goals. Philosophical Transactions of the Royal Society B: Biological Sciences, 360(1454), pp.229-241.

Gerstetter, C., Görlach, B., Neumann, K. and Schaffrin, D., 2007. The International Treaty on Plant Genetic Resources for Food and Agriculture within the Current Legal Regime Complex on Plant Genetic Resources. The Journal of World Intellectual Property, 10(3‐4), pp.259-283.

Halewood, M., Andrieux, E., Crisson, L. and Gapusi, J.R., 2013. Implementing mutually supportive access and benefit sharing mechanisms under the plant treaty, convention on biological diversity, and Nagoya protocol. Law Env't & Dev. J., 9, p.68.

Kamau, E.C., Fedder, B. and Winter, G., 2010. The Nagoya Protocol on Access to Genetic Resources and Benefit Sharing: What is new and what are the implications for provider and user countries and the scientific community. Law Env't & Dev. J., 6, p.246.