ABSTRACT
This chapter offers some insights into why international processes seem to find it so hard to consider more efficient institutional and regulatory approaches to access and benefit sharing (ABS). It examines what may result if changes come about, particularly in the light of the painfully negotiated texts of the Convention on Biological Diversity (CBD) and Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Deriving from their Utilization. The chapter addresses the current implementation status of ABS regimes around the world. It reflects on whether in the light of the shortcomings and limitations in ABS frameworks worldwide, a new, fresh look and approach may be needed to better institutionalise a fair and equitable system of ABS. The chapter also analyses some of the reasons which may be behind the decade-long resistance to change by policy makers and practitioners in regards to ABS processes.
