ABSTRACT
One of the principal lessons learned from existing funds is that a system predicated on a wide consultative and participatory process will increase the chances of acceptance by the principal stakeholders and, therefore, of the fund’s success. Furthermore, since many countries have yet to enact relevant access and benefitsharing (ABS) measures, parties need not wait for legislation in order to commence a process of compensating relevant stakeholders, especially where the prospects of such enactment are not immediate. Even in cases where national legislation has been passed, the sharing of financial benefits continues to present numerous
challenges, and many governments are calling for the establishment of trust funds. Benefit-sharing systems are sought that are based on fairness, are transparent and support the objectives of the Convention on Biological Diversity (CBD). These systems should also be flexible and should allow incorporation of the multisectoral, multistakeholder agendas that characterize biodiversity prospecting relationships. The trust-fund model presents an opportunity to develop this type of system for the sharing of financial benefits resulting from biodiversity prospecting partnerships.
