The effect of the system's general policies in the field of environment on the implementation of the law on the protection of genetic resources with a focus on the protocols under the Convention on Biological Diversity

Document Type : (original research)

Authors

1 Department of Environmental Law, Science and Research Branch, Islamic Azad University, Tehran, Iran

2 Department of Environment, Faculty of Civil and Environmental Engineering, Amir Kabir University of Technology, Tehran, Iran

3 Department of Political Science, Faculty of Law and Political Science, University of Tehran, Tehran, Iran

Abstract

Considering that Iran is one of the top 20 countries in the world in biodiversity, this issue has a special place in the laws of the country. The general policies of the environmental system emphasize this important point in various paragraphs, especially paragraph 6. Effective criteria, the importance of each using the opinion of experts identified. Therefore, 49 sub-criteria affecting the implementation of the law, under the three groups of general environmental policy criteria, the law of conservation of genetic resources, protocols under the Convention on Biological Diversity (Nagoya) are identified and then Using Analytic Hierarchy Process (AHP) technique and binary matrix comparison, the coefficients of importance of the criteria were determined to be prioritized. The results showed that among the main criteria, the criteria of general environmental policies (weighing 0.423) are more important than other criteria (weighing 0.423) is more important than other criteria. Among the sub-criteria, sub-criterion protection of Genetic resources and improving them to international standards (weighing 0.389) Access to genetic resources is the responsibility of the sovereign rights of each country (member), protection, renovate, development of natural restores (With a weight of 0.378) and biodiversity, especially wildlife (with a weight of 0.375) and also the preparation of an ecosystem atlas (with a weight of 0.370) had the highest weight among the sub-criteria. Shows from genetic sources.

Keywords

Main Subjects


  1. Bergel, S.D., 2015. Patentability of Human Genes: The Conceptual Differences between the Industrialised and Latin American Countries. Journal of Community Genetics. Vol. 6, No. 3, pp: 105-120.
  2. Biotechnology Market Size Worth $727.1 Billion by 2025. 2021. CAGR: 7.4%". www.grandviewresearch.com. Retrieved 2021-01-29.
  3. Burrone, E., 2015. Patents at the Core: The Biotech Business, Available at: http://www.wipo.int/sme/en/ documents/patents_biotech_fulltext.html .
  4. Cook, T., 2013. How Europe Has Learnt How to Deal with Exclusions from Patentability. Human Genetics Program. 24 p.
  5. Johan, S.P. and Walløe, T.M., 2010. Genetic Resources in the CBD: The Wording, the Past, the Present and the Future. UNEP/CBD/WG-ABS/9/INF/1.
  6. Kolahi, M., 2021. Administrative Organizational Structures towards Environmental Macro-Policies. Quarterly Journal of the Macro and Strate-gic Policies. Vol. 8, No. 3, pp: 510-534. https://doi.org/10.30507/JMSP.2020.
  7. Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization (ABS) to the Convention on Biological Diversity.
  8. Torrance, W., 2013. The Unpatentable Human Being. Hastings Center Report. Vol. 43, No. 5, pp: 86-89.
  9. Torrance, A.W., Gene Concepts, Gene Talk, and Gene Patents. MINN. J. L. SCI. & TECH. Vol. 157, pp: 1-2.
  10. UNEP/CBD/WG-ABS/9/INF/1. 2010. pp: 19-24.
  11. Walløe, T.M. and Johan, S., 2013. The Term 'Genetic Resources': Flexible and Dynamic while Providing Legal Certainty? In Oberthür Sebastian, Rosendal, G.K., Global Governance of Genetic Resources: Access and Benefit Sharing after the Nagoya Protocol, Routledge.
  12. Zimmerman, D., 1988. Evolution of RNA Viruses. RNA Genetics. Vol. 62, No. 12, pp: 5278.