Access to and use of marine genetic resources: understanding the legal framework.

With the adoption of the Nagoya Protocol in 2010, an additional legal instrument under the Convention on Biological Diversity (1992), the legal landscape surrounding the access to and utilization of genetic resources will change. This is likely to impact working procedures for scientists, turning pre-existing ethics into legal obligations. The aim of this article is to inform scientists on the global access and benefit-sharing framework which has been set by the Convention on Biological Diversity and its Nagoya Protocol, focusing specifically on their application to marine genetic resources for which the United Nations Convention on the Law of the Sea (1982) also has relevance.

Strengthening the global network for sharing of marine biological collections: recommendations for a new agreement for biodiversity beyond national jurisdiction.

Biological collections are fundamental to marine scientific research and understanding of biodiversity at various scales. Despite their key importance, sample collections and the institutes that house them are often underfunded and receive comparatively little attention in the discussions associated with global biodiversity agreements. Furthermore, access to collections can be limited by inadequate systems, infrastructure, and networks. With negotiations underway for a new implementing agreement on biodiversity beyond national jurisdiction, marine genetic resources (MGR), including questions on the sharing of benefits, remains the most debated and contentious element. Disparities remain between States regarding access to and utilization of marine biological samples (including MGR) from areas beyond national jurisdiction. Addressing capacity gaps related to collections could provide a point of agreement during negotiations and enhance global inclusivity in access to and utilization of MGR. Here, we examine both existing capacity and regional gaps in marine collections. We propose the strengthening of a distributed network of marine biological collections, building on existing initiatives and emphasizing best practices to bridge regional gaps. Our recommendations include: promoting scientific best practice for the curation of collections; alignment with ocean observing, and sampling initiatives; a potential pairing scheme for collections in developing and developed States; raising awareness of collections and benefits to marine science including through a global registry/directory; and promoting sustainable funding mechanisms to support collections and sustain global generation of contributors and users.

Designing Regulatory Frameworks for Access to Genetic Resources: A Multi-Stakeholder Multi-Criteria Approach.

In this paper we conduct a multi-criteria analysis (MCA) from a multiple stakeholder point of view for the design of access and benefit sharing (ABS) agreements concerning genetic resources, in particular regarding the access component of such agreements. We start by analyzing the objectives defined by international law (viz. the Convention on Biodiversity and the Nagoya Protocol) that every party (i.e., all United Nations member states, except the United States) must strive to attain when developing national legislation on ABS. As countries have a certain degree of freedom concerning the way and the extent to which they need to integrate these objectives into their national frameworks and since stakeholders attach different levels of importance to these objectives, such an MCA will help identify those options that command the highest value added from the community of stakeholders. Consequently, those options are expected to hold the highest potential for successful implementation. The MCA performed in this paper is based on Saaty's analytic hierarchy process (AHP) and starts from the objectives (i.e., criteria) enshrined in international law, and then proceeds by assessing the relative importance of these criteria from the point of view of four different stakeholder groups (industrial users, academic users, collections and provider countries). The alternatives to be evaluated in the MCA are based upon options discussed qualitatively in our previous study published in Frontiers in Plant Science (2019b). These options are now transformed into "design parameters" and are evaluated in terms of their contribution to stakeholder criteria. This evaluation is now performed in a quantitative way using MCA and is based on previous qualitative discussions with stakeholders that have been reported qualitatively in our previous paper in Frontiers in Plant Science referred to above. The final result of our MCA consists of pointing out which design parameters regarding access obtain the highest priority from the community of stakeholders and hence need to be present in national regulatory frameworks on ABS that will be implemented by member states. It is our intention to undertake similar research for the Benefit Sharing component of ABS agreements in the future.

Aligning biodiversity conservation and ecosystem services in spatial planning: Focus on ecosystem processes.

Although the consideration of socio-economic demands with biodiversity conservation is now high on the environmental policy agenda, it is not yet standard practice in spatial planning. This is argued to be related, among others, to a lack of awareness among stakeholders and practitioners of the underpinning role of ecosystem functioning and biodiversity to support human well-being. Meanwhile, there is mounting critique on the absolute focus of biodiversity conservation on static properties such as species and habitats. The establishment of more ecologically sensible objectives that include ecosystem processes besides species and habitats is put forward as a more effective way of environmental conservation. Methodological approaches increasingly consider ecosystem processes. However, the processes that are included mostly relate to aspects of biodiversity such as dispersal and productivity, and rarely do they include abiotic mechanisms that underlie biodiversity. We here report on the development of a method that integrates two principles which we identify as key to advance the integration of ecosystem services with biodiversity conservation in planning practice: (1) consider the variety of ecosystem processes, biotic as well as abiotic, that support biodiversity and ecosystem services, and (2) link the ecosystem processes to biodiversity and to socio-economic benefits to identify the common ground between seemingly conflicting objectives. The methodology uses a stepwise approach and is based on an extensive review of available knowledge on ecosystem functioning, expert consultation and stakeholder involvement. We illustrate how the methodology supports the setting of strategic goals to accomplish a healthy coastal ecosystem in Belgium, and exemplify how this may affect spatial plans. The aim of this paper is to demonstrate how including processes opens opportunities to align biodiversity and ecosystem services and how this increases chances to provide long-term benefits for biodiversity and human well-being. The paper may provide inspiration to advance current spatial planning approaches.