The Access to Genetic Resource and Benefits Sharing of Biodiversity from joining the Convention on Biological Diversity of Thailand

Abstract

The purpose of this article is to study the Convention on Biological Diversity’s affecting and hindering access to genetic resources, and benfits sharing  by Thailand. The Convention, which is a collective agreement, is regarded as international law, providing broad guidelines for access to genetic resources and sharing of biodiversity benefits without a clear procedure. As a result, each country’s convention that requires the development of law according to convention is unable to identify the criteria of access and benefit sharing equitably.

            Currently, Thailand does not have a specific biodiversity law but uses several relevant laws from various agencies. This leads to inefficient management of biological resources and causes the loss of national interests. At present, Thailand is in the process of proposing Draft Biological Diversity Act B.E. ...to be a central law for the management of biodiversity in a unified and comprehensive manner, promoting and supporting the conservation and sustainable use of biodiversity.

            Therefore, case studies of the law in India and Costa Rica, which indicate  the obvious criteria method on the access to genetic resources and benefits sharing of biodiversity, can be applied as a model for additional amendments according to the drafted law, for a clear legal implementation.