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Chapter 14. The Role of Private International Law under the Nagoya Protocol

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Chapter Summary

This chapter analyses the role of private international law under the Nagoya Protocol. It outlines the nature and functions of private international law, and considers jurisdictional issues concerning access and benefit-sharing (ABS) disputes and their relationship with the access to justice requirements of the Protocol. The chapter identifies the procedural rules that determine the law applicable to the responsibility of natural and legal persons that may arise from contractual ABS obligations as well as from non-contractual ABS obligations. It reviews the procedural rules that the Protocol Parties may apply in order to recognise and enforce foreign judgments and arbitral awards in ABS disputes. Finally, the chapter concludes by comparing the narrow interpretation of the private international law provisions of the Protocol vis-à-vis their extensive interpretation with the view to clarifying the institutional capacities that may be required for implementing them.

Keywords:access and benefit-sharing (ABS); arbitral awards; foreign judgments; Nagoya Protocol; private international law



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