International Law and its Application: Biodiversityy and International Obligations Derived from Natural Genetics Resources in Costa Rica
Anuario Mexicano de Derecho internacional, Volumen XII 2012, pp. 673-696
Anuario Mexicano de Derecho internacional
17 Pages Posted: 21 Sep 2016
Date Written: 2012
Abstract
Sharing benefits from the utilization of Natural Genetic Resources is one of the main problems addressed by the Convention on Biological Diversity though the obligation to Member States to take legal, administrative and policy measures towards its application at the national level because all Member States (developing countries as well as developed countries) honour "pacta sunt servanda". Without honouring this international law obligation derived from an international treaty a violation of an international obligation is derived. It is possible to find one example of such application. This article focuses on the interpretation of article 15.7 of the Convention on Biological Diversity to apply this international obligation into national legal rights and obligations, to comply with the obligation and the second step, the application of this national legal rules in the territory of the State, Costa Rica.
Keywords: Equitable sharing of benefits, International Law obligations and rights, Natural Genetic Resources, legislation, Costa Rica, case studies.
JEL Classification: JEL 12
Suggested Citation: Suggested Citation