ABS regime in Argentina

Abstract

Argentina has not taken any measures to satisfy the obligations set under the Nagoya Protocol. The main piece of regulation, namely Administrative Decision No. 226 of 2010, was enacted before the Protocol was adopted. This Decision is in a rudimentary state of development; it was not preceded by a strategic planning process and does not provide minimum Access and Benefit-Sharing(ABS) standards that could guide provinces in the development of their own ABS regulations. In turn, at the provincial level, the overwhelming proliferation and disparity of regulations seems to be the most urgent issue to be addressed. On the other hand, the current ABS draft law does not appear to sufficiently resolve any of the current problems. The draft is superficial in its development of the regulation and lacks sufficient technical and scientific rigour to support its provisions. If it were to be submitted to Congress as it stands, it will hardly solve any of the problems it is intended to solve. It will not satisfy on the other hand, the obligations anticipated by the Protocol.