Benefit-sharing in International Law Post-2020 Global Biodiversity Framework and reciprocity

Abstract Benefit-sharing is a twofold concept that appears both in the realm of human rights law and environmental law. This is because the achievement of many human rights objectives such as those listed under the UN Sustainable Development Goals inherently depends on the maintenance of a healthy environment (A/HRC/19/34, A/RES/70/1). The lack of achievement related to environmental objectives can therefore jeopardize the achievement of human rights objectives. The Special Rapporteur on the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy, and sustainable environment states that the “enormous problem is that [biodiversity agreements] have often not been effectively implemented and their goals have not been met.” (A/HRC/31/52) Consequently, the provenance and prevalence of benefit-sharing in international law need analysis from both the human rights and the environmental law perspectives as they are interdependent. This paper initiates a holistic study on benefit-sharing in international law by exploring its application in the Global Biodiversity Framework through interconnected principles of human rights and environmental law, theory of change, rights-based-approach, and intergenerational equity. The paper argues the need for this approach in order for international law to catch up with the paradigm shift the much-needed transformative change requires.