The Inadequacies of the French System Regarding Access and Benefit-sharing and Its Evolution through the Recognition of the Notion of Local Community in the Nagoya Protocol - Archive ouverte HAL Accéder directement au contenu
Article Dans Une Revue International Journal on Minority and Group Rights Année : 2020

The Inadequacies of the French System Regarding Access and Benefit-sharing and Its Evolution through the Recognition of the Notion of Local Community in the Nagoya Protocol

Pierre-Alain Collot

Résumé

The French law for the reconquest of biodiversity aims to transpose the Nagoya Protocol into national law. Rather than supporting the notion of an autochthonous and local community or even taking into account the autochthonous character of the concept of a local community, the legislature has chosen to use the notion of a community of inhabitants. The notion of local community, which is specific to environmental law, nevertheless satisfies the requirements of constitutional jurisprudence, as it does not consist of a community of origin, culture, language or belief. Beyond the logic inherent in the Law of 8 August 2016, the recognition of local communities, which is at the heart of the mechanism for sharing access and benefits, could make it possible to correct the multiple shortcomings, in terms of access to both genetic resources and traditional knowledge, associated with the sharing of the benefits that result from their use.
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Dates et versions

hal-03529866 , version 1 (17-01-2022)

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Pierre-Alain Collot. The Inadequacies of the French System Regarding Access and Benefit-sharing and Its Evolution through the Recognition of the Notion of Local Community in the Nagoya Protocol. International Journal on Minority and Group Rights, 2020, 28 (1), pp.64-90. ⟨10.1163/15718115-02704004⟩. ⟨hal-03529866⟩
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