Justice and the Convention on Biological Diversity (Report‪)‬

"Benefit-sharing" is a technical term that was popularized by the Convention on Biological Diversity (CBD), which was adopted at the 1992 Earth Summit in Rio de Janeiro, Brazil. This global convention aims to achieve three objectives: the conservation of biological diversity, the sustainable use of its components, and the fair and equitable sharing of benefits from the use of genetic resources. (1) The CBD, with 191 state parties as of spring 2009, was the first international treaty to recognize that the conservation of biodiversity is a "common concern of humankind." (2) Parties to the convention have pledged to cooperate to stop the destruction of biodiversity by attempting to ensure its sustainable use, and by requiring users of this natural wealth to share the benefits with those who provide access to nonhuman biological resources. This paper situates the CBD within long-standing debates on justice, and asks: (a) What type of justice does the CBD demand with its principles? and (b) Can the CBD be regarded as just (or equitable) legislation? First, we explain that nonhuman biological resources can be viewed both as the common heritage of humankind and as property falling under the sovereignty of states, groups, or individuals. Second, we discuss whether the CBD is based on natural rights or alternative foundations. Third, we outline the difference between distributive justice and justice-in-exchange. Finally, we present our answers to the two questions posited above.