Taiwan: A Blind Spot of the Nagoya Protocol

ABSTRACT

The Nagoya Protocol gives nations sovereignty rights over their biological resources. What happens to those resources when another state claims sovereignty over that nation? Taiwan's unique legal and political position as a de facto sovereign nation that the UN recognizes de jure as part of the People's Republic of China exposes a gap in Nagoya's protections. Requiring China's government approval of any biological material collection or transfer from Taiwan, rather than the government with actual jurisdiction over these resources or the people who would be affected by any biopiracy, is unfair, unequitable, and unsustainable. Taiwan's importance as a biodiversity and research hotspot exposes practical consequences of this gap in Nagoya's coverage that may require policy changes to compensate.