ABSTRACT
This chapter explores the term ‘sovereign rights’ in the CBD and Nagoya Protocol through the lenses of theorists Hans Kelsen and Carl Schmitt. After setting out their theoretical perspectives, the chapter traces the origins of ‘sovereign rights’ and its uses in the CBD and Nagoya Protocol. The Kelsen lens posits States ought to obey the rules and regulations while the Schmitt lens rests on the (political) power to decide. The chapter concludes that it is one thing to have sovereign (juridical/legal) rights over genetic resources under the CBD and Nagoya Protocol, and quite another to have any ability to act on and enforce those sovereign (juridical/legal) rights.
