Abstract

PENA-NEIRA, Sergio. International Law and its Application: Biodiversity and International Obligations Derived from Natural Genetic Resources in Costa Rica. Anu. Mex. Der. Inter [online]. 2012, vol.12, pp.673-696. ISSN 1870-4654.

Sharing benefits arising from the utilization of Natural Genetic Resources is one of the main problems addressed by the Convention on Biological Diversity though the obligation to Member States to take legal, administrative and policy measures towards its application at the national level because all Member States (developing countries as well as developed countries) should honour "pacta sunt servanda". Without honouring this international law obligation derived from an international treaty a violations of an international obligations is derived. It is possible to find one example of such application. This article focuses on the interpretation of article 15. 7 of the Convention on Biological Diversity to apply this international obligation into national legal rights and obligations, to comply with the obligation and the second step, the application of this national legal rules in the territory of a State, Costa Rica.

Keywords : Equitable Sharing of Benefits; International Law obligations and rights; Natural Genetic Resources; legislation; Costa Rica; case studies.