Présentation de l'atelier [en anglais] :
"The workshop aims to analyse the implications of the Nagoya Protocol for different areas of international law: international environmental law, trade, IPRs, human and indigenous rights, global health governance, and food security. In addition, the workshop will explore the implementation challenges arising from the Protocol in different regions (the EU and its Member States, Africa, Asia and Latin America) and the perspectives of different groups of stakeholders (indigenous and local communities, the research community, the private sector, and legal advisors involved in international development cooperation projects).
These aims will be achieved by creating a synergetic dialogue between academics, legal officers in key UN bodies, key negotiators of the Protocol and stakeholders that participated in the Protocol negotiations or are currently pioneering its implementation."
Résumé de l'intervention de Claudio Chiarolla [an anglais], lors de la session "Implementation challenges: Stakeholder perspectives" :
"Until the adoption of the Protocol there was no private international law of ABS. Likewise, the literature on this topic is virtually non-existent. The objective of this paper is to analyse the role of private international law under the Nagoya Protocol. In particular, it will set forth possible options for implementing ABS measures concerning the Nagoya Protocol’s provisions on: jurisdictional issues; the law applicable to ABS obligations of contractual as well as non-contractual nature; and the recognition and enforcement of foreign judgments and arbitral awards in the context of ABS disputes. This paper concludes by comparing the narrow interpretation of the Protocol’s private international law provisions vis-à-vis their extensive interpretation. Such comparison will help clarifying the institutional capacities that may be required for implementing the relevant Protocol’s obligations."
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