Abstract
Building, using, and managing zoological research collections are complex and demanding tasks, not only from a scientific point of view. In fact, scientists and collection managers are also embedded in a multifaceted sphere of conventions, regulations, and legislation. An important international framework for the exploration and conservation of biodiversity is the United Nations’ Convention on Biological Diversity (CBD). However, the CBD does not only focus on conservation and sustainable use of biodiversity. It also sets out basic principles for a fair and equitable sharing of benefits arising from its utilization. Those principles have been implemented in national laws and international agreements on access and benefit-sharing, such as the Nagoya Protocol. In many cases, however, those laws turn out to be critical impediments for the access to and exchange of biological material, research results, and other information within the scientific community. The article will provide an overview on the concept of access and benefit-sharing, the Nagoya Protocol and its implementation in Europe and Germany, as well as challenges and recommendations for collection management. It will also shortly address other regulations affecting the preparation and transportation of zoological samples, i.e., the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), European legislation on animal by-products, and international rules for the air shipment of dangerous goods.
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Notes
- 1.
Based on Schindel et al. (2009), it was suggested to define noncommercial research as “research with the goal of adding knowledge to the public domain, without restrictions or proprietary ownership.”
- 2.
Full title: “REGULATION (EU) No 511/2014 of the European Parliament and of the Council, of 16 April 2014, on compliance measures for users from the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization in the Union.” This regulation is applicable since the coming into force of the Nagoya Protocol, with the exception of Articles 4 (on user obligations), 7 (on monitoring of users), and 9 (checks) becoming applicable with one year delay on 12 October 2015.
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Löhne, C., Giere, P., Neumann, D. (2018). Legal and Ethical Challenges: From Collection Management to Access and Benefit-Sharing. In: Beck, L. (eds) Zoological Collections of Germany. Natural History Collections. Springer, Cham. https://doi.org/10.1007/978-3-319-44321-8_5
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DOI: https://doi.org/10.1007/978-3-319-44321-8_5
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