EQUITABLE ACCESS TO HUMAN BIOLOGICAL RESOURCES IN DEVELOPING COUNTRIES: Benefit Sharing Without Undue Inducement.

Abstract

The main research question of this thesis is: How can cross-border access to human genetic resources, such as blood or DNA samples, be governed to achieve equity for developing countries? Access to and benefit sharing for human biological resources is not regulated through an international legal framework such as the Convention on Biological Diversity, which applies only to plants, animals and micro-organisms as well as associated traditional knowledge. This legal vacuum for the governance of human genetic resources can be attributed (in part) to the concern that benefit sharing might provide undue inducements to research participants and their communities. This thesis shows that: (a) Benefit sharing is crucial to avoiding the exploitation of developing countries in genomic research. (b) With functioning research ethics committees, undue inducement is less of a concern in genetic research than in other medical research (e.g. clinical trials). (c) Concerns remain over research involving indigenous populations and some recommendations are provided. In drawing its conclusions, the thesis resolves a highly pressing topic in global bioethics and international law. Originally, it combines bioethical argument with jurisprudence, in particular reference to the law of equity and the legal concepts of duress (coercion), unconscionable dealing, and undue influence