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Open Access Article 11. Transboundary Cooperation

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Article 11. Transboundary Cooperation

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Chapter Summary

This Nagoya Protocol's article 11 identifies two instances in which transboundary cooperation is required, at least as a best-endeavor effort: when the same genetic resources are found in the territory of more than one country; and when the same traditional knowledge is shared by indigenous and local communities located in several Parties. This is an acknowledgment of the complexities that are faced in implementing the mainly bilateral ABS approach embodied in the Nagoya Protocol, in particular in consideration of the fact that several genetic resources and traditional knowledge are shared among different Parties. Both obligations aim to address the concern about a possible competition for benefits in the development and implementation of national ABS frameworks to attract potential users interested in obtaining access to the same genetic resource or the same traditional knowledge that are present in different Parties.

Keywords: bilateral ABS approach; genetic resources; Nagoya protocol; traditional knowledge; transboundary cooperation



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