ABSTRACT
The Convention on Biological Diversity establishes two underlying principles regarding contracts that were intended to secure the CBD’s objectives. These refer to the need for agreements to be based on ‘mutually agreed terms’ and ‘prior informed consent’. It is arguable that where these conditions are not present, any agreement may be void or voidable. It remains to be seen whether such a premise would be upheld by a court reviewing a contract in accordance with national laws and conflict-of-laws legislation. Where two parties have entered into an agreement without coercion, it would be difficult to claim that the terms of the agreement had not been mutually agreed upon. On the other hand, a decision on what amounts to informed consent may depend upon subjective analysis.
