Biodiversity

Biodiversity or "biological diversity" (생물다양성/生物學的多樣性) means the degree of variation of life forms within a given species, ecosystem, biome, or an entire planet. Biodiversity is a measure of the health of ecosystems. Biodiversity is in part a function of climate. In terrestrial habitats, tropical regions are typically rich whereas polar regions support fewer species. Rapid environmental changes usually threat biodiversity.

The 1992 Earth Summit held in Rio de Janeiro adopted the Convention on Biological Diversity (CBD) bringing in the biodiversity as one of urgent issues. Biodiversity refers to the followings:
 * Species diversity
 * Genetic diversity
 * Ecosystem diversity

Key words
Nagoya Protocol, CBD, COP, biodiversity, genetic information, access and benefit sharing (ABS)

Biodiversity Convention
The Convention on Biological Diversity (CBD), or the "Biodiversity Convention", is an international legally binding treaty. The Convention has three main goals:
 * 1) Conservation of biological diversity (or biodiversity);
 * 2) Sustainable use of its components; and
 * 3) Fair and equitable sharing of benefits arising from genetic resources.

In other words, its objective is to develop national strategies for the conservation and sustainable use of biological diversity. It is often seen as the key document regarding sustainable development.

The Convention was opened for signature at the Earth Summit in Rio de Janeiro on 5 June 1992 and entered into force on 29 December 1993.

Issues under the convention
The Wikipedia article explains the major issues dealt with under the convention include:
 * Measures and incentives for the conservation and sustainable use of biological diversity.
 * Regulated access to genetic resources and traditional knowledge, including Prior Informed Consent of the party providing resources.
 * Sharing, in a fair and equitable way, the results of research and development and the benefits arising from the commercial and other utilization of genetic resources with the Contracting Party providing such resources (governments and/or local communities that provided the traditional knowledge or biodiversity resources utilized).
 * Access to and transfer of technology, including biotechnology, to the governments and/or local communities that provided traditional knowledge and/or biodiversity resources.
 * Technical and scientific cooperation.
 * Impact assessment.
 * Education and public awareness.
 * Provision of financial resources.
 * National reporting on efforts to implement treaty commitments.

Cartagena Protocol on Biosafety
The Cartagena Protocol on Biosafety of the Convention (the "Biosafety Protocol") was adopted in January 2000. The Biosafety Protocol seeks to protect biological diversity from the potential risks posed by living modified organisms resulting from modern biotechnology.

The Biosafety Protocol makes clear that products from new technologies must be based on the precautionary principle and allow developing nations to balance public health against economic benefits. It will for example let countries ban imports of a genetically modified organism if they feel there is not enough scientific evidence the product is safe and requires exporters to label shipments containing genetically modified commodities such as corn or cotton.

Global Strategy for Plant Conservation
In April 2002, the parties of the UN CBD adopted the recommendations of the Gran Canaria Declaration Calling for a Global Plant Conservation Strategy, and adopted a 16 point plan aiming to slow the rate of plant extinctions around the world by 2010.

International bodies established by the Convention
Conference of the Parties (COP) is the convention's governing body, consisting of all governments (and regional economic integration organizations) that have ratified the treaty. This ultimate authority reviews progress under the Convention, identifies new priorities, and sets work plans for members. The COP can also make amendments to the Convention, create expert advisory bodies, review progress reports by member nations, and collaborate with other international organizations and agreements.

COP uses expertise and support from several other bodies that are established by the Convention. In addition to committees or mechanisms established on an ad hoc basis, two main organs are Secretariat, based in Montreal, and the Subsidiary Body on Scientific, Technical and Technological Advice (SBSTTA), a committee composed of experts from member governments competent in relevant fields.

Nagoya Protocol
2010 was the International Year of Biodiversity. The Secretariat of the Convention on Biological Diversity is the focal point for the International Year of Biodiversity. At the 2010 10th Conference of Parties (COP) to the Convention on Biological Diversity in October in Nagoya, Japan, the Nagoya Protocol was adopted. On December 22, 2010, the UN declared the period from 2011 to 2020 as the UN-Decade on Biodiversity. They, hence, followed a recommendation of the CBD signatories during COP10 at Nagoya in October 2010.

Objectives
The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization, abbreviated "Nagoya Protocol to Access & Benefit Sharing" (ABS), to the Convention on Biological Diversity is a supplementary agreement to the Convention on Biological Diversity.

It provides a transparent legal framework for the effective implementation of one of the three objectives of the CBD: the fair and equitable sharing of benefits arising out of the utilization of genetic resources.

Relevance and Scope
The Nagoya Protocol is intended to create greater legal certainty and transparency for both providers and users of genetic resources by:
 * Establishing more predictable conditions for access to genetic resources.
 * Helping to ensure benefit-sharing when genetic resources leave the contracting party providing the genetic resources

By helping to ensure benefit-sharing, the Nagoya Protocol creates incentives to conserve and sustainably use genetic resources, and therefore enhances the contribution of biodiversity to development and human well-being.

The Nagoya Protocol applies to genetic resources that are covered by the CBD, and to the benefits arising from their utilization. The Nagoya Protocol also covers traditional knowledge (TK) associated with genetic resources that are covered by the CBD and the benefits arising from its utilization

Obligations
The Nagoya Protocol sets out core obligations for its contracting Parties to take measures in relation to access to genetic resources, benefit-sharing and compliance.

Access obligations
Domestic-level access measures are to:
 * Create legal certainty, clarity and transparency
 * Provide fair and non-arbitrary rules and procedures
 * Establish clear rules and procedures for prior informed consent and mutually agreed terms
 * Provide for issuance of a permit or equivalent when access is granted
 * Create conditions to promote and encourage research contributing to biodiversity conservation and sustainable use
 * Pay due regard to cases of present or imminent emergencies that threaten human, animal or plant health
 * Consider the importance of genetic resources for food and agriculture for food security

Benefit-sharing obligations
Domestic-level benefit-sharing measures are to provide for the fair and equitable sharing of benefits arising from the utilization of genetic resources with the contracting party providing genetic resources. Utilization includes research and development on the genetic or biochemical composition of genetic resources, as well as subsequent applications and commercialization. Sharing is subject to mutually agreed terms. Benefits may be monetary or non-monetary such as royalties and the sharing of research results.

Compliance obligations
Specific obligations to support compliance with the domestic legislation or regulatory requirements of the contracting party providing genetic resources, and contractual obligations reflected in mutually agreed terms, are a significant innovation of the Nagoya Protocol. Contracting Parties are to:
 * Take measures providing that genetic resources utilized within their jurisdiction have been accessed in accordance with prior informed consent, and that mutually agreed terms have been established, as required by another contracting party
 * Cooperate in cases of alleged violation of another contracting party’s requirements
 * Encourage contractual provisions on dispute resolution in mutually agreed terms
 * Ensure an opportunity is available to seek recourse under their legal systems when disputes arise from mutually agreed terms
 * Take measures regarding access to justice
 * Take measures to monitor the utilization of genetic resources after they leave a country including by designating effective checkpoints at any stage of the value-chain: research, development, innovation, pre-commercialization or commercialization

Implementation
The Nagoya Protocol’s success will require effective implementation at the domestic level. A range of tools and mechanisms provided by the Nagoya Protocol will assist contracting Parties including:
 * Establishing national focal points (NFPs) and competent national authorities (CNAs) to serve as contact points for information, grant access or cooperate on issues of compliance
 * An Access and Benefit-sharing Clearing-House to share information, such as domestic regulatory ABS requirements or information on NFPs and CNAs
 * Capacity-building to support key aspects of implementation.

Based on a country’s self-assessment of national needs and priorities, this can include capacity to
 * Develop domestic ABS legislation to implement the Nagoya Protocol
 * Negotiate MAT
 * Develop in-country research capability and institutions
 * Awareness-raising
 * Technology Transfer
 * Targeted financial support for capacity-building and development initiatives through the Nagoya *Protocol’s financial mechanism, the Global Environment Facility (GEF)

2012 COP 11
Leading up to the Conference of the Parties (COP 11) meeting on biodiversity in Hyderabad, India 2012, preparations for a World Wide Views on Biodiversity has begun, involving old and new partners and building on the experiences from the World Wide Views on Global Warming.

Government Implementation Measures
In November 2011, the government announced the policy statement by the relevant government departments including the Ministry of Environment, the Ministry of Education, Science and Technology, the Ministry of Knowledge Economy, etc. how to secure the biological sovereignty, to enhance the competitive power of bioindustries and to implement the government obligations under the Nagoya Protocol.
 * To secure biological sovereignty by identifying indigenous biological resources and establishing comprehensive management systems
 * To provide detailed information on local biological resources including their useful ingredients and practical values
 * To foster bioindustries by sharing useful biological resources at home and abroad, developing commercialization technologies, and supporting and training relevant specialists
 * To legislate the framework act on the preservatioon and use of biodiversity
 * To prepare for the draft bill on the "Access to and Benefit Sharing of Genetic Resources" to implement the government obligations under the Nagoya Protocol.