Nagoya Protocol on Access and Benefit Sharing: An Effective International Instrument for Safeguarding the Indigenous Peoples’ Rights or Declarative Rhetoric of Double Standards?

Abstract

With all real power to regulate the ABS regime in regard to Indigenous Peoples concentrated in the hands of the State’s legislative system, there is no easy solution to the existing unfairness and procedural injustices that were found during the research. Therefore, the international and national laws at issue should be further developed in the direction where they could specify and determine the fair and equitable degree of benefit sharing between the Indigenous Peoples and the businesses involved in the commercialization of the MGRs products and utilization of TK associated with them.