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Issues o compliance: Considerations for the international Regime on access and benefit sharing

… p. 229. 3 See UNEP/CBD/BS/COP-MOP/3/1. 4 Jutta Brunnee, “Enforcement Mechanisms in International Law and International … Programme (UNEP) Guidelines on Compliance with and Enforcement of Multilateral Environmental Agreements … them on clear criteria for successful implementation and enforcement of the agreement. Defining non-compliance is …
01 Jun 2026 Literature See it in ECOLEX · This content is provided by ECOLEX

Addressing the problems of access : Protecting sources, while giving users certainty

… resources" 3 1.2.3 Public domain 3 1.2.4 Contractual enforcement 3 1.2.5 Reliance on source country law 4 1.2.6 … to effective legislation in source countries 51 Chapter 4 Enforcement, Tracking, and the Need for Incentives and Other … reciprocality in the Seychelles' draft ABS Law 62 4.7 Enforcement and guarantee 63 4.8 Trade concerns 63 Chapter 5 …
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Beyond access : Exploring implementation of the fair and equitable sharing commitment in the CBD

… in the user country 40 3.3.3.2 Disclosure as a step to enforcement 40 3.3.3.3 Remedies and penalties in user … to assume that ABS is solely a matter of contractual enforcement – i.e., that the only “user measures” needed are … in 3.3.2, below. Third, the law must create a sys- tem of enforcement and compliance which, as noted in the Bonn …
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Intellectual property rights in plant varieties: International legal regimes and policy options for national governments

… the ability of member states to adopt them. 1.3.3.8. Enforcement provisions The grant of IPRs in national laws … intellectual property agreements specify the types of enforcement provisions that member states must adopt in their … not, however, contain any provisions on MFN treatment or enforcement. 2.2.1.1. Subject matter requirements Limited …
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Covering ABS: Addressing the need for sectoral, geographical,legal and international integration in the ABS regime - papers and studies of the ABS Project

… 67 7.2.4 The rights of indigenous peoples 68 7.3 The enforcement of human rights: Some conclusions 72 Table of … and business mechanisms. • Focus on contractual enforcement: In contrast, many provider-side officials, … its failures to be a result of non-compliance and non-enforcement, raising the claim that deve- loped countries …
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A moving target : Genetic resources and options for tracking and monitoring their international flows

… this ABS regime requires appropriate compli- ance and enforcement mechanisms. A law or a regime which lacks these … international regime on ABS where compliance and enforcement are the main ele- ments. Tracking and monitoring … much more attention, issues of oversight, com- pliance and enforcement, have tracking and monitor- ing appeared on the …
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Contracting for ABS: The legal and scientific implications of bioprospecting contracts

… 1.3.1.5 Procedural matters: Issuance, implementation and enforcement of ABS contracts 28 1.3.2 Incentives and other … approach 31 1.4.1.1 Coverage 31 1.4.1.2 Implementation and Enforcement 32 1.4.1.3 Farmers’ rights 33 1.4.2 Access … formalities 157 3.2.10 Compliance provisions: Addressing enforcement of the legal rights of the parties 159 3.2.10.1 …
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An Explanatory Guide to the Nagoya Protocol on Access and Benefit-sharing

… provider countries’ ABS legislation in user countries. The enforcement of ABS agreements in user State courts is … critical concerns of providers (e.g., compliance with and enforcement of national ABS regimes), as well as conservation … with genetic resources (Articles 15–17), and to ensure the enforcement of benefit-sharing agreements (Article 18). …
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Explanatory guide to the International Treaty on Plant Genetic Resources for Food and Agriculture

… details of its commercial benefit sharing provi- sions and enforcement procedures re- main to be settled by the … has adopted a series of Guide- lines on Compliance and Enforcement of Mul- tilateral Environmental Agreements. The … threat of bad public- ity. General issues relating to the enforcement of MTAs (if each violation of an MTAs is …
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The legal framework for the management of animal genetic resources

… activities, and the application of IPRs (paras. 55-58). Enforcement measures encouraged by the guidelines include the … help safeguard animal welfare by radically improving the enforcement of animal transport rules in the EU. The … is responsible for what" thus facilitating more effective enforcement of the new rules. The regulation introduces new, …
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