Regulatory Gaps in the Global Governance of Synthetic Biology. IES Policy Brief Issue 2014/11 • December 2014

Summary. Synthetic biology is an emerging technology with potentially far-reaching benefits and risks. As a cross-cutting issue, different aspects of synthetic biology fall within the scope of different international agreements. Contemporary biosafety and biosecurity frameworks are characterized by important regulatory gaps which policy makers need to address to minimize risks that may arise in the future both from commercial use and weaponization. In some cases, this may require formal treaty amendments, whereas others can possibly be resolved at lower levels, for instance through interpretive statements of treaties’ decision-making bodies

Coalitions, Power and Institutional Change in Global Patent Politics. IES WORKING PAPER 2/2013

With the 1995 Agreement on Trade - related Aspects of Intellectual Property Rights (TRIPS), a centralised rule - system for the international governance of patents was put in place under the general framework of the World Trade Organisation (WTO). Since then, the number of patent – related institutions has increased monotonically on the multilateral, plurilateral and bilateral levels. I will explain this case of institutional change by focusing on the norm – setting activities of both industrialised and developing countries, arguing that both groups constitute internally highly cohesive coalitions in global patent politics, while institutional change occurs when both coalitions engage in those negotiating settings in which they enjoy a comparative advantage over the other coalition. Specifically, I make the point that industrialised countries’ norm – setting activities take place on the plurilateral and bilateral level, where economic factors can be effectively translated into political outcomes while simultaneously avoiding unacceptably high legitimacy costs; whereas developing countries, on the other hand, use various multilateral United Nations (UN) forums where their claims possess a high degree of legitimacy, but cannot translate into effective political outcomes. The paper concludes with some remarks on how this case yields new insights into ongoing debates in institutionalist International Relations (IR), as pertaining to present discussions on “regime complexity”

the EU's policy on genetic resources in the CBD / WIPO / TRIPS nexus

The present paper aims at an analysis of the coherence of the European Union’s policy output in the field of Access and Benefit-Sharing, in the nexus between the Convention on Biological Diversity, the World Intellectual Property Organization and the Agreement on Trade-related Aspects of Intellectual Property Rights. As some preliminary data suggests, during 2006, the EU approach to ABS was fundamentally reorganized. The paper sets out to test whether such a reorganization can be found at the level of policy coherence. Statistical analysis suggests, that with one of two measures for policy coherence, a rupture around 2006 can be observed.First rough draf

Access and allocation in global biodiversity governance: a review

Access and allocation is one of the five analytical themes of the science plan of the Earth System Governance (ESG) project. Concerns over access and allocation are at the core of struggles and conflicts brought about by the often ineluctable trade-offs related to biodiversity conservation and the global, national and local governance systems that aim to contribute to global biodiversity conservation. Access and benefit-sharing mechanisms, integrated conservation and development projects, payments for ecosystem services or community conservation programmes have all tried balancing environmental objectives with concerns for the allocation of natural resources and associated rights within society, and for access to basic human needs. As a contribution to this special issue on access and allocation, this paper aims to contribute to the analysis of the relevance of questions of access and allocation to ESG by providing an in-depth review of the literature on access and allocation in biodiversity conservation at different scales. We describe how the concepts of access and allocation have been used and conceptualized in the literature produced between 2008 and 2018, and we discuss the two key issues which dominate the literature (1) benefit-sharing; and (2) the role of local institutions. By drawing on the trends and evidence from the literature, we consider the lessons for the next generation of ESG scholars and draw out some key policy implications to be included in the debates on the post-2020 strategic plan for biodiversity

The Non-Decarbonization Puzzle in Brazilian Energy Policy

The Brazilian economy is not decarbonizing and current policies are highly unlikely to change this. Expanding and diversifying the supply of renewable energy would improve price stability and enhance energy supply and access. Why do Brazilian governments adopt policy objectives and instruments which forego the significant benefits available from ambitious decarbonization objectives, and how can we explain differences across sectors? We analyze objectives and instruments in hydropower, transport fuels, solarand wind energy. With the exception of hydropower, we find that the principle barrier to decarbonization are policy inconsistencies. In solar and, to a lesser extent, wind energy, national content requirements, a lack of R&D; subsidies for building up domestic manufacturing capacities as well as the design of electricity auctions have stymied expansion. In transport fuels, the combination of inconsistent fiscal incentives and a price cap on gasoline have weakened the bioethanol sector in recent years. Emissions from the energy system are on a long-term upwards trajectory, present policies also limit Brazil’s ability to contribute to global mitigation efforts

Brazil and the Durban Platform: ambitions and expectations

Brazil, together with other emerging powers, has repeatedly made headlines over the last few years as a serious player in international climate change negotiations. In December 2015 states will convene at the UN Climate Change Conference in Paris to agree on a new international climate treaty. What can we expect from Brazil at the upcoming climate summit? What can we expect from the negotiations on a new climate treaty in the context of the Durban Platform? This issue of the GIGA Focus discusses Brazil's potential role at the upcoming UN Climate Change Conference, analysing if Brazil's expected contributions can keep up with its ambitious rhetoric. Brazil's presently low emissions trajectory is a result of reduced deforestation rates. With greenhouse gas emissions from all other sources increasing, an ambitious contribution to global post-2020 mitigation requires more stringent action. However, it is unlikely that Brazil will take ambitious measures in areas other than forestry. While Brazilian climate diplomacy puts a rhetorical premium on historical responsibility, its substantive contribution to the negotiation process is only moderately progressive. The proposal of "concentric Differentiation" offers a way to implement the principle of common but differentiated responsibility in line with current realities while allowing for the obligations of Annex I (mostly developed countries) and major non-Annex I parties (mostly developing countries) to converge in the long term. The present context of the international negotiations is generally favourable towards Brazilian participation. The main challenge will be to conclude a transparency regime which facilitates collective action by allowing for adequate international review of domestic policies. To that end, the principle of common but differentiated responsibility should be implemented under the Paris agreement in a manner which aligns with the convention's long-term objective

Space Resources and the Politics of International Regime Formation

Space resources such as minerals or lunar ice deposits are of growing economic and political interest in the context of the emerging space economy and the intensifying geopolitical tensions of a new “space race”. Scholars and stakeholders increasingly engage with the question of how to regulate the future exploration and exploitation of space resources under international law. A potential option that has drawn broad attention in the debate is a multilateral regime that would regulate space resources as the common heritage of humanity and aim for the fair and equitable sharing of benefits that derive from their exploration and exploitation. Whereas a considerable body of literature addresses the legal and institutional characteristics of such a hypothetical regime, questions of regime formation have so far been neglected. This paper probes the feasibility and the prospects of developing a multilateral and common heritage-centric regime for space resources by a) drawing on theoretical insights from the scholarly debate on the politics of international regime formation and b) extracting insights and lessons from two historical cases of regime formation (under the Antarctic Treaty System and the Law of the Sea Convention) addressing similar challenges of regulating transnational commons in Areas Beyond National Jurisdiction. The analysis indicates extraordinarily adverse background conditions that make the successful formation of a multilateral and common heritage-centric regime for space resources highly implausible despite its prima facie normative appeal. The political prospects for devising fair, equitable and effective solutions to the problem of space resources are accordingly limited and likely to remain so

Two problems or one? Climate engineering and conceptual disaggregation

The term “climate engineering” is an ambiguous label for two categories of technologies for mediating global warming, Carbon Dioxide Removal (CDR) and Solar Radiation Modification (SRM). Whether CDR and SRM should be grouped together under a common umbrella term, or whether they should be treated as two disparate problems in need of disparate solutions, has long been a matter of debate. This paper first provides an empirical analysis of disaggregation. Topic modelling the scientific literature on climate engineering, I highlight a trend towards disaggregation driven by growth in the specialized literature on CDR. Second, I explore inconsistencies in the theoretical rationale for disaggregation and challenges in its practical implications. Third, I elaborate on the theoretical and practical utility of maintaining an integrated concept of climate engineering for highlighting the challenges of governing large-scale, hypothetical technological interventions into the climate system subject to deep uncertainties and mitigation deterrence

Biopiracy after the Nagoya Protocol: Problem Structure, Regime Design and Implementation Challenges

This article assesses the effectiveness of the 2010 Nagoya Protocol to the Convention on Biological Diversity (CBD) for addressing "biopiracy" of genetic resources; that is, their biotechnological utilization in violation of either the provider country legislation or mutually agreed contractual obligations. Biopiracy is defined as a problem resulting from a distributive conflict between provider and user countries, the practical difficulties of monitoring the utilization of genetic resources in a transnational context, and the pervasive scientific uncertainty about the nature and extent of the problem. The Nagoya Protocol predominantly focuses on compliance management while lacking the necessary enforcement provisions for deterring non-compliance through effective monitoring and sanctions. Using the example of recent European Union implementing legislation, this article underscores how parties may use the Protocol's legal ambiguities to soften its regulatory impact on domestic industry. As a result, in light of both problem structure and regime design, the Protocol only offers modest improvements over the status quo ante