The effectiveness of access and benefit-sharing legislation in South Africa: practical considerations for national regimes

Master Thesis

2012

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University of Cape Town

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The Convention on Biological Diversity provides an international regulatory framework for countries to develop their own access and benefit-sharing (ABS) legislation. This international convention governs the utilization of a country's genetic resources and associated traditional knowledge. Due to increased capabilities and demand from industry for these resources, a market is created over which ABS legislation is to govern. This is based on the realization of the objectives of the convention that provide for state sovereignty over a country's indigenous biological resources. This dissertation presents the results from an evaluation of ABS legislation and its implementation within South Africa. Key objectives are to analyze the implementation of regulations and procedures governing access to indigenous biological resources and traditional knowledge, and associated institutional arrangements.
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