Conservation and Sustainable Exploitation of Plant Genetic Resources: International Developments

Plant Genetic Resources (PGRs) are one of the most valuable natural resources of any country. Biotechnology through genetic engineering of plants and the creation of new plant varieties can increase the value of these resources. Different technical and legal mechanisms such as ex situ/in situ collection of PGRs, and Intellectual Property Rights (IPRs) indicate also an international institutional effort for sustainable use of biodiversity. Investigating international developments in the fields of exploitation and conservation of PGRs is therefore essential. The main purpose of this manuscript is to explore criteria that international legal instruments use for creating an appropriate interaction between conservation and exploitation of PGRs. These instruments have been especially developed in the two systems of international environmental law and intellectual property rights. Based on a descriptive analysis method, this research attempted to examine the provisions of these two legal instruments. Research findings indicate that intellectual property rights encourages the creation and development of green technologies, especially agro-biotechnology and protects Traditional Knowledge (TK) associated with PGRs as an appropriate tool for the sustainable exploitation of PGRs when implemented in a responsible manner. International environmental law paves also the way for biodiversity conservation through creation of binding and non-binding obligations for preserving genetic diversity on the planet. Sustainable conservation of PGRs requires an appropriate interaction between the two legal systems.