A Review of Botswana’s Environmental Law,Towards the Realisation of the Mandate of the Nagoya Protocol.pdf

1、By reaffirmation, the Convention on Biological Diversity (hereinafter referred to as CBD) served to further fortify and settle an international principle that recognizes states' sovereign right over their biological reso

2、urces.Against this held principle, amongst other objectives, the CBD enjoins states to ensure a fair an equitable sharing of benefits arising from the utilization of the genetic resources.To further this objective, the N

3、agoya Protocol has been passed to serve as a denominating platform. Accordingly, this objective presupposes an intrinsic value in biological resources (genetic resources) that may be harnessed for social, economic and en

4、vironmental purposes.
　　With the lofty objective of the Nagoya Protocol in check, the paper reviews the environmental laws of Botswana for their sufficiency towards the realization of this objective.After an evaluatio

5、n of the Botswana laws comparative to both the Nagoya Protocol and international experiences from other jurisdictions the paper identifies critical components that need to be put in place to facilitate Botswana realize t

6、he objective of the Nagoya Protocol.Critical components for which Botswana is advised to consider in bettering administration of her genetic resources in line with the Nagoya Protocol include: public participation throug

7、h prior informed consent (PIC); determination of ownership of genetic resources; intellectual property rights and traditional knowledge; as well as benefit sharing and compensation mechanism.The paper argues that the for

8、egoing components are currently lacking in Botswana's environmental laws and to facilitate her desire to achieve the intention of the Nagoya Protocol, Botswana would be better off with putting up her current laws for rev