ABSTRACT

This chapter traverses the broad legal and political interface posed by finding resolution to the DSI impasse, touching normative issues, legal interpretations, policy constraints, intellectual property, open access, development capabilities ideals, situated knowledge and decolonisation. The chapter concludes that to resolve the DSI impasse there needs to be a focus on the deep-rooted conflicts, a preferred legal interpretation of the CBD and Nagoya Protocol, recognition of the legitimate perspectives and concerns of others and a responsibility to acknowledge the imbalances resulting from colonial history.