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Consider the following statements regarding the Nagoya Protocol:
1. It regulates the transboundary movement of Living Modified Organisms (LMOs).
2. It is legally binding on all contracting parties.
Which of the statements given above is/are correct?
  • a)
    1 only
  • b)
    2 only
  • c)
    Both 1 and 2
  • d)
    Neither 1 nor 2
Correct answer is option 'B'. Can you explain this answer?
Most Upvoted Answer
Consider the following statements regarding the Nagoya Protocol:1. It ...

Explanation:

1. Regulation of Living Modified Organisms (LMOs)
The first statement is not correct. The Nagoya Protocol primarily focuses on access to genetic resources and the fair and equitable sharing of benefits arising from their utilization. It does not specifically regulate the transboundary movement of Living Modified Organisms (LMOs). Instead, it aims to ensure that the benefits derived from the use of genetic resources are shared in a fair and equitable manner.

2. Legally Binding Nature
The second statement is correct. The Nagoya Protocol is a legally binding international agreement that entered into force on October 12, 2014. It requires contracting parties to take measures to implement the provisions of the protocol within their respective national jurisdictions. This includes establishing legal frameworks to regulate access to genetic resources and ensure the fair and equitable sharing of benefits.

Therefore, the correct answer is 2 only (b).
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Community Answer
Consider the following statements regarding the Nagoya Protocol:1. It ...
Cameroon recently adopted the Nagoya Protocol on Access and Benefit Sharing.
About Nagoya Protocol:
  • The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization (the Protocol) is a legally binding global agreement that implements the access and benefit-sharing obligations of the Convention on Biological Diversity (CBD).
  • It was adopted by the CBD in Nagoya, Japan, in October 2010 and entered into force on October 12, 2014, 90 days after the deposit of the fiftieth instrument of ratification. 
  • It provides a transparent legal framework for the effective implementation of one of the three objectives of the CBD: the fair and equitable sharing of benefits arising out of the utilization of genetic resources.
  • What are the benefits?
  • It establishes a framework that helps researchers access genetic resources for biotechnology research, development, and other activities, in return for a fair share of any benefits from their use. 
  • This provides the research and development sector with the certainty they need to invest in biodiversity-based research.
  • Indigenous and local communities may receive benefits through a legal framework that respects the value of traditional knowledge associated with genetic resources.
  • What does the Nagoya Protocol cover?
  • It applies to genetic resources that are covered by the CBDand to the benefits arising from their utilization.
  • It also covers traditional knowledge (TK) associated with genetic resources that are covered by the CBD and the benefits arising from their utilization.
Key Facts about Convention on Biological Diversity (CBD):
  • CBD, with currently 196 contracting parties, is the most comprehensive binding international agreement in the field of nature conservation and the sustainable use of natural resources.
  • It was opened for signing at the UN Conference on Environment and Development in Rio de Janeiro in 1992. 
  • It has three overarching objectives:
  • The conservation of biological diversity (genetic diversity, species diversity, and habitat diversity).
  • The sustainable use of biological diversity.
  • The fair and equitable sharing of the benefits arising out of the utilisation of genetic resources.
  • It covers biodiversity at all levels: ecosystems, species, and genetic resources. 
  • The Conference of the Parties (COP) is the highest political decision-making body of the Convention.
  • The Secretariat is based in Montreal, Canada. 
  • To support implementation of the CBD objectives, two internationally binding agreements were adopted within the framework of the Convention on Biological Diversity.
  • The Cartagena Protocol, which was adopted in 2000 and entered into force in 2003, regulates the transboundary movement of living modified organisms (LMOs).
  • The Nagoya Protocol, adopted in 2010, establishes a legally binding framework for access to genetic resources and the fair and equitable sharing of the benefits arising from their use.
Hence only statement 2 is correct.
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Consider the following statements regarding the Nagoya Protocol:1. It regulates the transboundary movement of Living Modified Organisms (LMOs).2. It is legally binding on all contracting parties.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'B'. Can you explain this answer?
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