COVID-19 Tests the Limits of Biodiversity Laws in a Health Crisis: Rethinking 'Country of Origin' for Virus Access and Benefit-sharing
Fran Humphries, Michelle Rourke, Todd Berry, Elizabeth Englezos and Charles Lawson, ‘COVID-19 Tests the Limits of Biodiversity Laws in a Health Crisis: Rethinking 'Country of Origin' for Virus Access and Benefit-sharing’, (2021) 28 Journal of Law and Medicine 684-706
34 Pages Posted: 22 Jul 2021 Last revised: 23 Aug 2021
Date Written: June 29, 2021
Abstract
The COVID-19 pandemic raises serious questions about the operation of international agreements for accessing and sharing viruses potentially delaying emergency responses. The access and benefit-sharing (ABS) frameworks under the United Nations’ Convention on Biological Diversity and its Nagoya Protocol apply to the collection and use of the COVID-19 pathogen SARS-CoV-2. These frameworks aim to ensure countries of origin reap some of the benefits from the use of their resources. Using real-world examples, we demonstrate conceptual and definitional ambiguities relating to “country of origin” that make not only operationalising the ABS scheme for biodiversity conservation and sustainable use objectives difficult but may also undermine public health emergency responses. Understanding how COVID-19 fits (or does not fit) within ABS laws is a valuable exercise for international policymakers trying to determine how best to operationalise pathogen ABS, an issue currently under examination at the World Health Organization and critical to responding to pandemics.
Note: Funding: Fran Humphries is a paid employee of the Queensland University of Technology; Michelle Rourke is a paid employee of Griffith University funded in equal shares by Griffith University and the Commonwealth Scientific and Industrial Research Organisation; Todd Berry and Elizabeth Englezos are funded through a scholarship from Griffith University; and Charles Lawson is a paid employee of Griffith University. This research was conducted as a part of our work and education and there was no specific funding for this research and no direction from our employers or funders about the form or content of this research.
Declaration of Interests: There are no conflicts of interest to declare.
Keywords: COVID-19, Convention on Biological Diversity, access and benefit sharing, country of origin, genetic resources
JEL Classification: K32, K33
Suggested Citation: Suggested Citation