ABSTRACT
This chapter explores relationship between the Pandemic Influenza Preparedness Framework and the Protocol to illustrate the legal issues arising from the interaction of different access and benefit-sharing (ABS) systems. It explains about fragmentation of international law, the defensive approach adopted by States to prevent the establishment of normative hierarchy, particularly in the area of pathogen sharing. The chapter seeks to articulate the flexibilities envisaged in the implementation of the Nagoya Protocol, highlighting its multi-level structure and the opportunities provided for experimentation by its non-hierarchical construction. The Nagoya Protocol is a significant expansion on the existing provisions of the Convention on Biological Diversity (CBD) on ABS in respect of genetic resources and traditional knowledge associated with such resources. The signing in 2015 of a memorandum of understanding between the CBD and the World Health Organisation and cooperation on a range of issues linked to the relationship between biodiversity and human health point to a recognition of the importance of inter-regime learning.
