Study Of Legal System Of International Cooperation Of Genetic Resources

With the rapid development of biotechnology, genetic resources for innovative contributions and the importance of sustainable development of human society is increasingly obvious. As possessors of rich genetic resources, developing countries'genetic resources are plundered by developed countries, which called "biological piracy". This led to the development of international cooperation in genetic resources shrinking. "The principle of national sovereignty", "the principle of prior informed consent (PIC)" and "equitable benefit-sharing principles" established by CBD provide a set of law mechanisms for cooperation between developed and developing countries. In the effective functioning of the mechanisms, international cooperation in genetic resources will be a "win-win" situation.The dissertation consists of five chapters in addition to the preface and epilogue. The first chapter introduces the development of the status of international cooperation of genetic resources, analyses origin of the North-South conflict in the development of international cooperation of genetic resources. By analysis of examples, we show ways to eliminate conflicts between the North and South -- "the principle of national sovereignty", "prior informed consent principle" and "equitable benefit-sharing principles" established by CBD.Chapter II explains the basis of the development of international cooperation of genetic resources -- the ownership of genetic resources, the principle of ownership of genetic resources has been changed from the "common heritage of mankind" principle to the principle of national sovereignty, upholding the principle of national sovereignty of genetic resources is very important for the participation of developing countries in the development of international cooperation of genetic resources. At the same time, through analysis of the principle of national sovereignty and the principle of the right of interest groups, we prove that the principle of national sovereignty is more favorable for the protection of genetic resources in developing countries.Chapter III analyses the process of development of international cooperation of genetic resources– the PIC system, explores principles and elements of the legal system of PIC, introduces the relevant provisions in "Bonn Guidelines on Access and Fair and equitable Benefit-sharing of Genetic Resources ", and makesrecommendations to improve the PIC system.Chapter IV analyses benefit-sharing mechanism of development of international cooperation of genetic resources. Fair and equitable benefit-sharing between developed and developing countries is an effective mechanism to achieve a "win-win" situation. We analyze the benefits types, benefit-sharing principles, mutually agreed terms and implementation of benefit-sharing mechanism, and at last make recommendations to improve benefit-sharing mechanism from two aspects.The final chapter analyses status of genetic resources conservation in China. By analysis of exploration of the "principle of national sovereignty", "prior informed consent principle" and "benefit-sharing principle", we make recommendations to improve our law system of international cooperation of genetic resources.