The article will flag those provisions of the law that disenfranchise developing nations and their peoples from their rights vis-a-vis biodiversity. While sifting through these provisions, it will also examine how far the developed nations have gone in the "burden-sharing" of conservation of biological resources. Because newer technologies pose newer challenges to biodiversity conservation, the intrinsic link between trade and biodiversity cannot be overstated. It has been a challenge to deal with international trade rules and regulations, especially with non-state entities like the WTO. The WTO's agenda is dictated largely by corporate interests in developed countries such as the United States (U.S.), which have not demonstrated a commitment to the conservation of biodiversity. This lack of commitment is similarly reflected in other international agreements such as the CBD's Biosafety Protocop and the United Nations (U.N.) Framework Convention on Climate Change's 1997 Kyoto Protocol.
Shalini Bhutani and Ashish Kothari,
The Biodiversity Rights of Developing Nations: A Perspective from India, 32 Golden Gate U. L. Rev.