• Korean Journal of Environmental Biology
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• v.22 no.2
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• pp.259-264
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• 2004

Convention on Biological Diversity has authorized national sovereignty over biological resources so that legislative framework should be established. In biological resources management, the access to biological resources and the benefit sharing arising out of their utilization are two most important steps. Bonn guidelines adopted by the 6th COP of the Convention on Biological Diversity contain MAT (Mutually Agreed Terms) and PIC (Prior Informed Consent) indispensable to implement the access and benefit-sharing process. MAT is contractual agreement between provider countries and use entities while PIC is a specific measure associated with consent prior to access to biological resources. Moreover, the guidelines include the responsibilities of national focal point and competent national authority, incentives and so on. Our laws related to access to biological resources have no items on benefit-sharing and intellectual property rights. The role of the competent national authority is very important to coordinate the organization controlling information availability, opening to the public, and intellectual property rights with other stakeholders. But, the national regulations must not interfere with academic studies on biological diversity and disobey the two objectives of the Convention on Biological Diversity, the conservation of biological diversity and its sustainable use.

• Korean Journal of Environmental Biology
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• v.32 no.4
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• pp.397-402
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• 2014

In June 1992, Convention on Biological Diversity (CBD) was concluded by 158 countries in Rio de Janeiro. And now, 194 member nations are participating in discussions for their own profit. Recently, Nagoya Protocol regarding Access to genetic resources and Benefit-Sharing (ABS) was approved and took effect from October $12^{th}$, 2014. Thus, it is important to understand the impact of CBD and ABS functioning on researchers studying marine biodiversity. Until now, in the previous Conference of the parties to the Convention on Biological Diversity, the interest towards researching marine and marine living resources was relatively low, and accordingly, the discussions regarding marine and marine living resources were delayed. However, in the $12^{th}$ Pyeongchang Conference of the Parties to the Convention on Biological Diversity, the arguments concerning Ecologically or Biologically Significant marine Areas (EBSA) and the other marine related issues were discussed. Although, South Korea has not yet officially joined Nagoya Protocol, however the consultations in regard to Prior and Informed Consent (PIC), Mutually Agreed Terms (MAT) and Global Multilateral Benefit-Sharing Mechanism (GMBSM) were discussed. We belive that as a possessing nation of biological resources, South Korean government authorities should revise their management systems protocol and regulations concerning domestic biological resources, in order to strengthen the information system and help academia and industry to utilize the biological resources abroad easily and effectively.

• Ocean and Polar Research
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• v.29 no.1
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• pp.43-53
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• 2007

Recently, controversy over intellectual property rights for protecting genetic resources and traditional knowledge has been emerging. Very active debates and global discussions are being carried out in various international organizations for possible approaches to be taken for these properties, and for the fair and equal sharing of the benefits from these intellectual properties. There is a need to evaluate adopting a sui generis system which is being pushed by developing nations, or adopting a policy which will guaranteee benefit sharing such as sharing royalties from marketing final products, technical transfers, capacity building, and participating in research activities. Also, it is very important to examine the legal issues concerning genetic resources based on Convention on Biological Diversity for the fair and equal sharing of the benefits with developing nations, at the same time assuring developed nations of access to genetic resources.

• Journal of Korean Society of Forest Science
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• v.100 no.3
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• pp.522-534
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• 2011

The aim of this study is to draw forth the tasks for establishing the right of native biology in Korea through the case study on 'Access on genetic resources and Benefit Sharing'. For this purpose, this study decided on its research subject by selecting Hoodia, on which ABS treaty was made the most recently, through the examination of the representative ABS precedents on plant species. This study analyzed the process background of ABS on Hoodia, and compared & analyzed the ABS procedures of 'Bonn Guidelines' adopted by the 6th Conference of the Parties of the Convention on Biological Diversity in 2002 and Hoodia case. Together with the ABS major issues in common drawn as a result of this analysis, and "Nagoya Protocol" adopted by the 10th Conference of the Parties of the Convention on Biological Diversity, this study intended to shed a light on the impending tasks which Korea faces at present and its role relationship. The research results are as follows: 1. It is required that species habitats should be divided based on biological classification and its subsequent community should be established with the development of infrastructure such as a community's independent production, management and monitoring of bio-species. 2. There needs to be a designation of ABS National Focal Point for sharing of ABS-related general information, boosting of implementation of the relevant convention. 3. There needs to be the establishment of ABS convention system consequent on legislative, administrative, political procedures, and designation of the Competent National Authorities for the provision of the format of Prior Informed Consent (PIC) and Mutually Agreed Terms (MAT) and their contents assessment and confirmation. 4. There should be the establishment of integrated management system of ABS-related research and development of forest biological resources and its relevant research projects. 5. There should be information development through the distribution of responsibility and role between the ministries and offices concerned according to bio-resources, and there needs to be efforts in aiming for opening a working group of academic-industrial institutions for developing a mutually interchangeable system. 6. It's required that the efficient access between industrial circles and the people should be promoted by setting up ABS support center of biological resources in ministry and office's charge. 7. There should be a selection of a national supervisory organization for securement of the right of a local community and monitoring of ABS convention implementation, and a countermeasure system for preventing outflow of forest bioresources. Conclusively, it's judged that it will be possible to inquire into the countermeasures for the establishment of the native forest biology dominion through such research results.

• Korean Journal of Plant Taxonomy
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• v.45 no.3
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• pp.278-297
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• 2015

With the development of the internet and international agreements such as the Convention on Biological Diversity (CBD) and the Convention on International Trade in Endangered Species (CITES), Korean researchers frequently encounter scientific names of foreign species, and these are named on a case-by-case basis in Korean without any standard naming method. Therefore, standard Korean names for entire orders and families in the world are required for better communications in Korea. However, there have been no comprehensive discussions of the standardization of Korean names for the orders and families found in the world. In this study, we 1) compare the Korean names of orders and families in the references, 2) discuss naming methods in Korean for foreign taxa, and 3) then suggest standard Korean names for the orders and families in the APG III, which is an up-to-date angiosperm classification system. This study will be a starting point for the national standardization of Korean names for orders and families found throughout the world.

• Journal of the Korean Society of Environmental Restoration Technology
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• v.15 no.2
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• pp.149-162
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• 2012

Habitat loss and fragmentation are ongoing major anthropogenic impacts on landscapes, which can strongly affect ecosystems, populations and species. The studies on forest fragmentation have been progressed, but the studies on definition of forest fragmentation and their synthetic trend in South Korea still leaves much to be desired. Therefore we set the definition of forest fragmentation and reviewed the related papers. We can give a definition that forest fragmentation is not only a process of spatial landscape transformation, but also a process of ecosystem change by it. The trend of studies on forest fragmentation divided into two fields, landscape and ecosystem changes. Forest fragmentation caused by land change altered the composition and configuration of forest patches. Most studies related on that analyzed the change using landscape index. The effects of forest fragmentation on ecosystem subdivided into three fields : biodiversity, edge effects, and invasive species, but the studies in South Korea is short. The study on relations between forest fragmentation and ecosystem change is necessary to face the Convention on Biological Diversity in South Korea. In addition, the fundamental studies on biodiversity is important to mitigate against forest fragmentation.

• Journal of Scientific & Technological Knowledge Infrastructure
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• s.10
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• pp.70-75
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• 2002

우리나라는 생물다양성협약(CBD, Convention on Biological Diversity)의 당사국뿐만 아니라 2001년 5월 국제생물다양성정보기구(GBIF, Global Biodiversity Information Facility)에 투표회원국으로 가입하게됨으로써 국가적 차원의 생물다양성정보 전담기구(National Node)의 지정이 표면화되었고 국내 산재한 관련 DB의 통합, 관련 연구에 집중 및 범세계적 차원으로 대응해야하는 의무가 부여되었다.

• Korean Journal of Fisheries and Aquatic Sciences
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• v.46 no.1
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• pp.1-9
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• 2013

Fisheries' biological resources were considered public resources before the 1990s. Every country could access and use these resources without regulation. However, the United Nations adopted the Convention on Biological Diversity and the privileges and rights to these resources were attributed to countries. This research starts with the research background and social and academic value of "The Jasan Eobo (or Report on Marine Organisms in the Coastal Waters near Heuksan Island)" by Jeong Yak-Jeon, who pioneered the new field of Fisheries Science and Marine Biology in Korea in the early 1800s. We also searched for recent results from the Marine Bio-Diversity Research Activities of the Korean National Council for Conservation of Nature (KNCCN) and the Ministry of Maritime Affairs and Fisheries (MOMAF). KNCCN reported that marine bio-diversity comprised approximately 6,500 species in 1996, and the Ministry of Maritime Affairs and Fisheries reported there were about 10,000 species in 2007. Among these marine species, plankton account for about 25%, seaweeds 11%, invertebrates 52%, and vertebrates 12% in Korean Coastal Areas. The Ministry for Food, Agriculture, Forestry, and Fisheries (MIFAFF) enacted a law for Agriculture and Fisheries Resources Management in 2012; this law includes the preservation of marine ecosystems, the conservation of wetlands and the preservation of fisheries resources, and describes the boundary of taxonomy for new species and unknown species that could be identified in the near future. To follow the new regulation for Access to General Resources and Benefit-Sharing, this research suggests (1) the importance of taxonomy for new species and unknown species as a goal of "No Name = No Information", (2) integrated research on bio-diversity, species distributions and the abundance of fisheries resources, both in local areas and in Korean Coastal Areas, and (3) the observance of international regulations or agreements for benefit-sharing without additional damage in the future.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.12
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• pp.615-641
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• 1999

Trade and the environment emerged as a major and complex issue for trade negotiators in the final stages of the Uruguay Round negotiations. The agreements and other international measures employing trade measures and trade sanctions for achieving global environmental objectives are Vienna Convention on the Protection of the Ozone Layer(1985), the Montreal Protocol on Substances that deplete the Ozone Layer(1987), The Framework Convention on Climate Change(1992), the Convention on Biological Diversity(1992), the Basel Convention on the Control of Transboundary Movement of Hazardous Waste and their Disposal(1992), the Convention on International Trade in Endangered Species of Wild Faunna and Flora(1975), the Rio Declaration, the Agenda 21, etc. The texts of the World Trade Organization(WTO) incorporated certain provisions which were designed to reflect some of the environmental concerns are Trade-Related Aspects of Intellectual Properity Rights(TRIPs), Trade-Related Investment Measures (TRIMs), the General Agreement on Trade in Services(GATS), and Technical Barriers to Trade(TBT) There is the possibility of conflict between multilateral environmental agreements and WTO agreements granting waivers against trade measures and sanctions. This remains a possibility, especially between countries which are Member of WTO and which are not Members of the relevant multilateral environment agreements, and countries which are Members of both the WTO and the relevant MEAs. Measures taken under the trade-related provisions of MEAs could potentially give rise to conflicts under obligations arising in WTO texts. If the parties in dispute are WTO members while they are not members of MEAs, the WTO provisions can be granted a certain priority in terms of international norms and vice versa. When the parties concerned are both WTO members and MEAs, it will be rational to grant the WTO provisions a priority. However, such measures should neither constitute a means of arbitrary or unjustifiable discrimination between countries where similar conditions prevail, nor create a disguised restriction on trade. Also any trade measures taken should be necessary to prevent developments in trade from endangering the effectiveness of an MEA and they should be proportional and least trade restrictive.

• Journal of Korea Technology Innovation Society
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• v.11 no.2
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• pp.219-240
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• 2008

This paper aims to suggest a policy for biological resource based on a comprehensive understanding on biological resources. Biological resources are different from traditionally recognized viable organisms (Biodiversity) in ecosystems. Biological resources are culturable and replicable resources of living organisms such as tissues, cells and genes. Moreover, biological resources include human-derived biological materials. Biological resources is not simply a matter of science and technology. Biological resources should be dealt with as national resources. There are many international issues regarding biological resources, such as intellectual property rights (IPRs), safety on handling and distribution, material transfer agreements (MTAs) for mutual benefits and biological standards. Ethical debates are also being raised because biological resources are related with human-derived biological materials. Every nation has tendency to adopt its government policies to strengthen its sovereignty on biological resources and international cooperation. In addition, international linkages are essential for providing enhanced worldwide accessibility to biological resources. Japan has shown several international initiatives in the field of biological resources. Korea has just begun to design appropriate policies for the use and R&D of biological resources. Therefore, this paper suggests the following needs: 1) policy at the national level beyond the interests of researchers, 2) inter-ministerial coordination across government ministries, 3) expansion of scope and size of each BRC (Biological Resource Centers), and 4) building networks and systems such as national information center, representative centers by field, and each BRC.