Legal and Institutional Framework on Access and Benefit Sharing in the MENA Region

About the Chapter

This chapter from the book, Biodiversity and Nature Conservation Law and Policy in the Middle East and North African Region, examines the legal and institutional framework on access and benefit sharing (ABS) in the Middle East and North Africa (MENA) region. It examines the drivers and dimensions of access and benefit sharing risks in the MENA region, gaps in existing legal frameworks on ABS in the region, and innovative approaches for addressing such gaps. The chapter delves into the challenges of ABS in the MENA region. The Nagoya Protocol’s principles of access to genetic resources and benefit sharing are highlighted, underscoring their significance in the MENA context. Given the fragile nature of global biodiversity, it is crucial to support and innovatively implement these existing regulations, ensuring an effective and efficient approach to ABS.

Excerpt from Elena Athwal’s Chapter, “Access and Benefit-Sharing in the MENA Region”

“Benefit-sharing focuses on a partnership-centric approach to distributing economic, socio-cultural, and environmental advantages associated with biological resources. Rooted in human rights law, the idea has evolved with a special emphasis on sustainable development, tying it to core principles such as equity, solidarity, development assistance, and sovereignty over natural resources. Historically, the principle of Permanent Sovereignty over Natural Resources (PSNR) encapsulated the early manifestations of benefit-sharing. The 1962 United Nations General Assembly Resolution on PSNR underscored the judicious management of resources, conservation, and prevention of wasteful exploitation. Subsequent global debates, such as the New International Economic Order, brought the concept of benefit-sharing to the fore in the context of sustainable development.”

You can access the Full Chapter here: https://www.cambridge.org/core/books/biodiversity-and-nature-conservation-law-and-policy-in-the-middle-east-and-north-africa-region/access-and-benefitsharing-in-the-mena-region/0D9F5ED273BC771B119FD42B40752D6F