Reconstructing the 'Biopiracy' Debate from the Perspective of the Concept of Justice

Abstract

The Convention on Biological Diversity (CBD) was set up not only to foster the conservation and sustainable use of biodiversity, but also to address problems of justice connected to the utilization of biodiversity. The requirements of the CBD regarding the utilization of genetic resources and traditional knowledge, in the so called Access and Benefit-Sharing framework, are based on an exchange perspective, leading to approaches of “justice-in-exchange”. As debates about “biopiracy” show, this perspective might be too narrow. This study addresses the question: Which problems of justice arise regarding the utilization of genetic resources and traditional knowledge, especially if associated with patenting? By reconstructing the “biopiracy” debate, it can be shown that the exchange perspective is insufficient and therefore other approaches, namely of distributive justice, corrective justice and structural justice are also needed.

Keywords: access and benefit-sharing (ABS), biopiracy, justice, biodiversity, Convention on Biological Diversity (CBD)