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

Griffith University Law School Research Paper No. 21-16

34 Pages Posted: 22 Jul 2021 Last revised: 23 Aug 2021

See all articles by Fran Humphries

Fran Humphries

Queensland University of Technology; Griffith University - Griffith Law School - Law Futures Centre

Michelle Rourke

Griffith University, Griffith Law School

Todd Berry

Griffith University - Griffith Law School

Elizabeth Englezos, PhD

Griffith University, Griffith Law School

Charles Lawson

Griffith University - Griffith Law School

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

Humphries, Fran and Rourke, Michelle and Berry, Todd and Englezos, Elizabeth and Lawson, Charles, COVID-19 Tests the Limits of Biodiversity Laws in a Health Crisis: Rethinking 'Country of Origin' for Virus Access and Benefit-sharing (June 29, 2021). 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, Griffith University Law School Research Paper No. 21-16, Available at SSRN: https://ssrn.com/abstract=3876009 or http://dx.doi.org/10.2139/ssrn.3876009

Fran Humphries (Contact Author)

Queensland University of Technology ( email )

2 George Street
Brisbane, Queensland 4000
Australia

Griffith University - Griffith Law School - Law Futures Centre ( email )

Nathan Campus, GU
Nathan 4111
Australia

Michelle Rourke

Griffith University, Griffith Law School ( email )

Nathan Campus, GU
Nathan 4111
Australia

Todd Berry

Griffith University - Griffith Law School ( email )

Nathan Campus, GU
Nathan 4111
Australia

Elizabeth Englezos

Griffith University, Griffith Law School ( email )

Charles Lawson

Griffith University - Griffith Law School ( email )

Gold Coast Campus, GU
Gold Coast 4222
Australia

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