Promoting Inclusiveness in Biodiversity Governance? Access and Benefit Sharing Under the Convention on Biological Diversity

Abstract The Convention on Biological Diversity (CBD) established the legal principles for recognizing sovereign rights over genetic resources and brought forward conceptual innovations for safeguarding the collective rights of Indigenous peoples and local communities. However, there is little research into which governance structures at the national level are most effective for promoting fair and equitable benefit-sharing. This article has two aims: first, to examine the effects of different regulatory approaches on economic and scientific development, and second, to look at the impacts of varying levels of inclusiveness on benefit sharing. To achieve these ends, we present a novel theoretical framework that captures two dimensions: regulatory centralization and inclusiveness. We use this framework to analyze how biodiversity governance in Brazil has changed since the 1990s by drawing on data from stakeholder interviews, policy papers, and quantitative sources. Our analysis points to three main findings. First, it suggests that open access under certain terms and conditions is arguably more effective for controlling access to genetic resources and promoting economic and scientific activities. Second, we find that higher levels of inclusiveness tend to strengthen benefit sharing. Third, power dynamics and structural inequalities can become important barriers to the participation of traditional knowledge holders.