- 學位論文
名古屋議定書之趨勢和台灣遺傳資源與傳統知識立法
Taiwan Genetic Resources and Traditional Knowledge Legislation in a Post Nagoya Context
摘要
從生物多樣性公約（CBD）於1992被採取至目前，獲取遺傳資源和公正和公平分享其利用所產生惠益（ABS）有關的事項已經過相當大的發達。在2000年代的前半台灣也開始工作，發展兩份立法爲了面對ABS所衍生出來的議題；不過在2006-2007年該工作停住了。台灣對於國際社會主要採取、由名古屋議定書所訂之標準，已落在後面，且其目前尚未預備採取行動；此外，於尚未採取適當立法之狀態下，台灣遺傳資源與傳統知識被國際機構利用之機會偏大。此論文將條論CBD和名古屋議定書所支持之重要原則與目標，且會一邊分析台灣在遺傳資源方面所具備的特質，一邊分析台灣相關兩邊草案與CBD和名古屋議定書內之規定和原則是否一致的。討論台灣現況時，主要將以北方南方國家實際差別之脈絡下進行討論。另外，論文也將討論，領域專家就立法未被採取的緣故所給的解釋，且以他們所給的解釋為分析之基礎。解釋完台灣與北方及南方的國家的共同點之後，本文章將討論台灣如何可以利用其地位，使北方南方之間之差距變小。文章提出一些可以發揮這個目標的方法，例如與非政府組織合作、與已存在的外交政策配合或與具有共同想法之國家搭檔。加之，本文章也將討論台灣兩個法案，對於達到這些目標所能扮演的角色。
並列摘要
From the time that the Convention on Biological Diversity was adopted in 1992 up until the present time, significant developments have taken place with respect to issues surrounding the access and benefits sharing (ABS) associated with genetic resources and traditional knowledge. During early part of the 2000s Taiwan also began to work towards developing two pieces of legislation that would offer to address such issues; however, work came to a standstill in 2006-2007. This paper will show that since that time Taiwan has fallen behind the standards largely adopted by the international community on the issue of access and benefits sharing as set by the Nagoya Protocol and is not currently posed to take action on the issue; furthermore, by not adopting a suitable legislation with respect to the access and benefits sharing issue, Taiwan’s genetic resources and traditional knowledge face greater potential of being taken advantage of by international organizations. This paper discusses the important principles and objectives laid out in the Convention of Biological Diversity and the Nagoya Protocol, while analyzing both the characteristics of Taiwan with respect to available genetic resources as well as the Taiwan draft laws that were designed to provide Taiwan with a set of regulations consistent with the former. Taiwan’s situation is largely discussed within the context of the current division that exists between countries representative of the “North” and “South”. Expert opinions regarding the hindrances towards the adoption of ABS are discussed and provide the basis for an analysis on the current state of affairs regarding this legislation. After discussing a number of characteristics that Taiwan shares with both the countries of the North and the South, this paper will discuss the ways in which such a position could be taken advantage of by Taiwan in an effort to bridge the gap between both camps. It is proposed that Taiwan could look into cooperation with NGOs, alignment with pre-existing foreign affairs policy, and partnerships with like-minded countries as a means of working towards furthering this objective. Additionally, the role that Taiwan’s two ABS draft proposals will play in working towards such goals is also discussed.