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This report chapter analyzes the Convention on Biological Diversity (CBD) as a pioneering legal instrument that integrates environmental conservation with economic and trade goals. It specifically examines the CBD's regime for the trade of genetic resources, its recognition of the role of local and indigenous communities in sustainable production, and the contrast between the CBD's ecological economics approach and the neoclassical economic views prevalent in traditional trade agreements like GATT and NAFTA.

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  • The CBD establishes a new international regime for 'genetic resources'—defined as genetic material of actual or potential value—shifting away from the previous view of biodiversity information as a 'common heritage' of humankind. Under this regime, countries have sovereign rights to control access to their genetic resources, provided they facilitate access for other parties and ensure equitable benefit-sharing.
  • Unlike conventional trade agreements (such as GATT and NAFTA) that treat the environment as a marginal concern or a potential obstacle to free trade, the CBD adopts a principle of ecological economics, asserting that 'the ecosystem contains the economy.' It requires that the trade of genetic resources be sustainable throughout the entire production process, from initial prospecting to final commercial use.
  • The document argues that local economies are often more sustainable than industrial ones because they operate within the constraints of local ecosystems, reducing the ability to 'externalize' environmental costs. It suggests that the CBD could provide a legal basis for recognizing the value of cultural and economic diversity in sustainable development.
  • The author recommends that the United States ratify the Biodiversity Convention and suggests that governments implement the convention by recognizing the legal right of communities to contract with commercial firms, exploring new intellectual property rights for indigenous knowledge, and reforming national accounting to include nonmarket ecological values.

Cite the original document

APA
Center for International Environmental Law (n.d.). globaltrade_biocon_1996-27937d395398f024.pdf. https://www.ciel.org/wp-content/uploads/2015/07/GlobalTrade_BioCon_1996.pdf
Chicago
Center for International Environmental Law. globaltrade_biocon_1996-27937d395398f024.pdf. n.d. https://www.ciel.org/wp-content/uploads/2015/07/GlobalTrade_BioCon_1996.pdf.
Wikipedia
{{cite report |author=Center for International Environmental Law |title=globaltrade_biocon_1996-27937d395398f024.pdf |url=https://www.ciel.org/wp-content/uploads/2015/07/GlobalTrade_BioCon_1996.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}
BibTeX
@techreport{centerforinternationalenvironmentallawndglobaltradebiocon199627937d395398f024pdf, author = {{Center for International Environmental Law}}, title = {{globaltrade\_biocon\_1996-27937d395398f024.pdf}}, institution = {Center for International Environmental Law}, url = {https://www.ciel.org/wp-content/uploads/2015/07/GlobalTrade_BioCon_1996.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }

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