Rethinking the law on access and benefit sharing in Australia

Since the conclusion of the Convention on Biological Diversity in 1992, many countries, including Australia, have implemented a framework known as access and benefit sharing. Access and benefit sharing laws were designed on the assumption that they could rely on a system of bilateral relations between a singular ‘provider’ and a corresponding ‘user’ of genetic resources and traditional knowledge. Drawing on the case study of the Kakadu plum (Terminalia ferdinandiana), this article examines how the flawed bilateral approach was embedded into access and benefit sharing laws in three ways that undermine the objectives of these laws. It discusses how Queensland moved beyond this assumption and outlines lessons for the development and reform of access and benefit sharing legislation in other jurisdictions.

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Publication Details

Journal
Research Portal (Queen's University Belfast)
Published
2025-12-29
Primary Topic
International Maritime Law Issues
Type
article
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article

Rethinking the law on access and benefit sharing in Australia

Jocelyn; id_orcid 0000-0001-9752-6145 Bosse
Research Portal (Queen's University Belfast)
International Maritime Law Issues
article

Rethinking the law on access and benefit sharing in Australia

Jocelyn; id_orcid 0000-0001-9752-6145 Bosse
article en

Abstract

Since the conclusion of the Convention on Biological Diversity in 1992, many countries, including Australia, have implemented a framework known as access and benefit sharing. Access and benefit sharing laws were designed on the assumption that they could rely on a system of bilateral relations between a singular ‘provider’ and a corresponding ‘user’ of genetic resources and traditional knowledge. Drawing on the case study of the Kakadu plum (Terminalia ferdinandiana), this article examines how the flawed bilateral approach was embedded into access and benefit sharing laws in three ways that undermine the objectives of these laws. It discusses how Queensland moved beyond this assumption and outlines lessons for the development and reform of access and benefit sharing legislation in other jurisdictions.

Research Portal (Queen's University Belfast)
Peace, Justice and strong institutions
Openalex Percentile: Top 16%
International Maritime Law Issues
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