guialegaldebiocomercio-ca9f2237bed76d1d.pdf

The guide provides a comprehensive analysis of the legal frameworks governing the trade of tangible and intangible biodiversity assets in the Andean Region. It examines the Convention on Biological Diversity (CBD) and Andean Community (CAN) Decision 391 regarding genetic resources, the CITES convention for endangered species, and WTO agreements (Agriculture, SPS, TBT, and GATS) for agricultural and intermediate products. It also addresses the protection of traditional knowledge, intellectual property rights, and the opportunities for Andean countries to participate in the Clean Development Mechanism (CDM) under the Kyoto Protocol to mitigate climate change.

• The Andean Community (CAN) implements the Convention on Biological Diversity (CBD) through national laws and Decision 391 of 1996, which establishes a complex procedure for accessing genetic resources based on private contracts with national authorities.
• Practical application of Decision 391 in the Andean Region has been limited, with only 30 access requests recorded across member states, resulting in between eight and nine approvals and one rejection.
• The trade of endangered species in the region is strictly regulated by the Washington Convention (CITES), which classifies species into three appendices based on extinction risk, requiring specific export and import permits.
• Agricultural products linked to biodiversity are subject to the WTO's Agreement on Agriculture and the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS), which can act as trade barriers if not based on scientific criteria.
• Intermediate biodiversity products are governed by GATT 1994 and the WTO Agreement on Technical Barriers to Trade (TBT), with ISO standards playing a critical role in facilitating market access through voluntary certification.
• Traditional knowledge (TK) is a private right of indigenous and local communities, and while the CBD and CAN Decision 391 recognize its value, practical challenges exist in obtaining community consent and negotiating benefits.
• There is a conflict between the Andean Community's Decision 486, which requires disclosure of the origin of genetic resources for patent applications, and the positions of the US and Japan, who argue this violates the WTO TRIPS Agreement.
• The General Agreement on Trade in Services (GATS) regulates environmental services and ecotourism, but the sector faces limitations such as anti-competitive practices and a lack of capital for small and medium enterprises.
• Andean countries, particularly Colombia, Peru, Venezuela, and Ecuador, have significant potential for carbon capture and storage projects under the Kyoto Protocol's Clean Development Mechanism (CDM) due to their extensive forest cover.

APA

Eugui, D. V. (n.d.). guialegaldebiocomercio-ca9f2237bed76d1d.pdf. Center for International Environmental Law. https://www.ciel.org/wp-content/uploads/2015/03/GuialegaldeBiocomercio.pdf

Chicago

Eugui, David Vivas. guialegaldebiocomercio-ca9f2237bed76d1d.pdf. Center for International Environmental Law, n.d. https://www.ciel.org/wp-content/uploads/2015/03/GuialegaldeBiocomercio.pdf.

Wikipedia

{{cite report |last1=Eugui |first1=David Vivas |title=guialegaldebiocomercio-ca9f2237bed76d1d.pdf |publisher=Center for International Environmental Law |url=https://www.ciel.org/wp-content/uploads/2015/03/GuialegaldeBiocomercio.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{euguindguialegaldebiocomercioca9f2237bed76d1dpdf, author = {Eugui, David Vivas}, title = {{guialegaldebiocomercio-ca9f2237bed76d1d.pdf}}, institution = {Center for International Environmental Law}, url = {https://www.ciel.org/wp-content/uploads/2015/03/GuialegaldeBiocomercio.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }