The prospect of a binding global treaty on ABS envisaged by the WSSD would mark a departure from the current global ABS framework which is driven by the voluntary 2002 Bonn Guideline
The Bonn Guidelines expressly mention this flexibility in Paragraph 49: "Mechanisms for benefit-sharing may vary depending upon the type of benefits, the specific conditions in the country and the stakeholders involved.
7-9, 2002, Bonn Guidelines on Access to Genetic Resources and Fair and Equitable Sharing of the Benefits Arising Out of Their Utilization, Decision VI/24/A, UNEP/CBD/COP/6/20, available at http://www.cbd.int/decisions/ ?m=cop-06&d=24 [hereinafter Bonn Guidelines].
(50.) Transparency is one of the key principles underpinning the Bonn Guidelines. Bonn Guidelines, supra note 44, annex, [paragraph] 7(h).
(106.) See Bonn Guidelines, supra note 44, annex, [paragraph][paragraph] 1-61 (establishing international guidelines on access and benefit sharing); see also WIPO Intergovernmental IP Committee, Draft Guidelines on Access and Benefit Sharing Regarding the Utilisation of Genetic Resources, annex, at 5, WIPO/GRTKF/IC/1/9 (Apr.
In this section, we turn to the key sections of the CBD and the Bonn Guidelines which, despite not being directly applicable to human genetic resources, can be used to inform the development of a benefit-sharing regime applicable for human genetic research.
Pursuant to the CBD, the Bonn Guidelines are intended "to assist states in developing an overall access and benefit-sharing strategy ...
In summary, the principles espoused in the international instruments and the specific mechanisms provided in the CBD and in the Bonn Guidelines are sufficiently comprehensive, flexible and logically extendable to human genetic resources.
International human rights law, declaratory statements on the human genome, the Convention on Biological Diversity and the Bonn Guidelines provide a supportable rationale for benefit-sharing in respect of human population genetic research.
At its sixth meeting, in the Hague in April 2002, the COP adopted the Bonn Guidelines on Access to Genetic Resources and Fair and Equitable Sharing of the Benefits Arising out of their Utilization.
The Bonn Guidelines aim to aid parties in building their capacity to implement an ABS regime, but they are not legally binding.
Lastly, in balancing the major power of CNAs in granting PIC, the Bonn Guidelines also call for authorities to be responsible for the design and monitoring of a national ABS regime, including matters of GR access.