Hang Li Po's Memory

HISTORY OF THE CONVENTION ON BIOLOGICAL DIVERSITY MODEL      During the Earth Summit held in Rio de Janeiro in 1992, the Convention on Biological Diversity was opened for signature by national governments. This    legally binding treaty was the first global agreement on the conservation and sustainable use of all components of biodiversity such as genetic resources, species and ecosystems. It entered into force in 1993 and currently has 190 parties, reflecting virtually universal participation.      In ratifying the Convention, the parties have committed themselves to achieve three explicit objectives: the conservation of biological diversity; the sustainable use of its components; and the equitable sharing of benefits arising out of the utilization of genetic resources . The main purpose of the CBD is to promote sustainable development and it stresses that the conservation of biological diversity is a common concern of humankind but recognizes that nations have sovereign right

Malaysia is in the process of drafting Access and Benefit Sharing Law. The objective of this Bill to implement the objectives under the Convention on Biological Diversity specifically on access to biological resources and the sharing of benefits arising from their utilization. For the purpose of this Bill, the author seeks to propose certain features to include in this Bill. These features are taken from the several countries which already enacted this law under their jurisdiction such as Australia, Costa Rica, Kenya, Bhutan and so on.  Title         This Act shall be called the Access Benefit Sharing Act of Malaysia, 2012 and it shall apply throughout Malaysia Purpose and objectives         This Act shall have the following purposes and objectives: a) to ensure national sovereignty of Malaysia over genetic resources in accordance with relevant National and International Law; b) to ensure the conservation and sustainable use of the biological and ge