The De-Legalization of Novel Biotechnology Governance under the Convention on Biological Diversity

Abstract

In the 1990s, the Convention on Biological Diversity (CBD) emerged as the primary international forum for managing the interface between biodiversity and biotechnology. Three legally binding protocols to the Convention were concluded, all aiming to regulate bio-innovation. Despite the rapid pace of biotechnological innovation, however, and its implications for biodiversity and equity, CBD policy outcomes have recently shifted towards lower stringency in substance and weaker institutionalization in process. To confirm this trend, we examine decisions adopted by the CBD Conferences of the Parties in 2022 and 2024. We focus on outcomes on three key agenda items: (i) digital sequence information on genetic resources, (ii) risk assessment of living modified organisms, and (iii) synthetic biology. We analyze shifts towards lower stringency in the light of scholarship on legalization and de-legalization, including the softening of international law. We conclude by assessing the implications for the CBD, and for global biotechnology governance more generally.