论文部分内容阅读
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 resources.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 Nagoya 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 environmental 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 evaluation 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 the 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 through 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 foregoing components are currently lacking in Botswanas 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 review and include these identified components in her revised laws.