<p>India’s navigation of the intersection between state sovereignty and global environmental responsibilities is exemplified in its Access and Benefit-Sharing framework, particularly through the lens of the “Common Concern of Humankind” principle. This principle underscores collective responsibility for global environmental issues, influencing India’s approach to biodiversity governance and shaping its response to emerging challenges, such as the integration of Digital Sequence Information and the protection of traditional knowledge. The 2023 amendments to the Biological Diversity Act reflect India’s evolving legal framework, which aims to balance national interests with international obligations under the Convention on Biological Diversity. The National Biodiversity Strategy and Action Plan 2024–2030 further illustrates this tension, as it seeks to reconcile sovereign rights with collective global responsibilities in biodiversity conservation. Recent developments at COP 16, including India’s commitment to the Kunming-Montreal Global Biodiversity Framework, highlight how the “Common Concern of Humankind” principle has guided significant policy shifts while preserving state autonomy in resource management. This evolution signifies a broader transformation in how nations conceptualize sovereignty amidst global environmental challenges. Ultimately, India’s Access and Benefit-Sharing framework represents a nuanced attempt to reconcile sovereign interests with global responsibilities, offering valuable insights for other nations facing similar biodiversity governance challenges.</p>

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Beyond sovereign boundaries: India’s Access and Benefit-Sharing framework of biodiversity laws through the lens of “Common Concern of Humankind”

  • Pallavi Mishra

摘要

India’s navigation of the intersection between state sovereignty and global environmental responsibilities is exemplified in its Access and Benefit-Sharing framework, particularly through the lens of the “Common Concern of Humankind” principle. This principle underscores collective responsibility for global environmental issues, influencing India’s approach to biodiversity governance and shaping its response to emerging challenges, such as the integration of Digital Sequence Information and the protection of traditional knowledge. The 2023 amendments to the Biological Diversity Act reflect India’s evolving legal framework, which aims to balance national interests with international obligations under the Convention on Biological Diversity. The National Biodiversity Strategy and Action Plan 2024–2030 further illustrates this tension, as it seeks to reconcile sovereign rights with collective global responsibilities in biodiversity conservation. Recent developments at COP 16, including India’s commitment to the Kunming-Montreal Global Biodiversity Framework, highlight how the “Common Concern of Humankind” principle has guided significant policy shifts while preserving state autonomy in resource management. This evolution signifies a broader transformation in how nations conceptualize sovereignty amidst global environmental challenges. Ultimately, India’s Access and Benefit-Sharing framework represents a nuanced attempt to reconcile sovereign interests with global responsibilities, offering valuable insights for other nations facing similar biodiversity governance challenges.