• Korean Journal of Environmental Biology
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• v.32 no.4
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• pp.397-402
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• 2014

In June 1992, Convention on Biological Diversity (CBD) was concluded by 158 countries in Rio de Janeiro. And now, 194 member nations are participating in discussions for their own profit. Recently, Nagoya Protocol regarding Access to genetic resources and Benefit-Sharing (ABS) was approved and took effect from October $12^{th}$, 2014. Thus, it is important to understand the impact of CBD and ABS functioning on researchers studying marine biodiversity. Until now, in the previous Conference of the parties to the Convention on Biological Diversity, the interest towards researching marine and marine living resources was relatively low, and accordingly, the discussions regarding marine and marine living resources were delayed. However, in the $12^{th}$ Pyeongchang Conference of the Parties to the Convention on Biological Diversity, the arguments concerning Ecologically or Biologically Significant marine Areas (EBSA) and the other marine related issues were discussed. Although, South Korea has not yet officially joined Nagoya Protocol, however the consultations in regard to Prior and Informed Consent (PIC), Mutually Agreed Terms (MAT) and Global Multilateral Benefit-Sharing Mechanism (GMBSM) were discussed. We belive that as a possessing nation of biological resources, South Korean government authorities should revise their management systems protocol and regulations concerning domestic biological resources, in order to strengthen the information system and help academia and industry to utilize the biological resources abroad easily and effectively.

• Journal of Scientific & Technological Knowledge Infrastructure
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• s.10
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• pp.70-75
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• 2002

우리나라는 생물다양성협약(CBD, Convention on Biological Diversity)의 당사국뿐만 아니라 2001년 5월 국제생물다양성정보기구(GBIF, Global Biodiversity Information Facility)에 투표회원국으로 가입하게됨으로써 국가적 차원의 생물다양성정보 전담기구(National Node)의 지정이 표면화되었고 국내 산재한 관련 DB의 통합, 관련 연구에 집중 및 범세계적 차원으로 대응해야하는 의무가 부여되었다.

• Korean Journal of Plant Resources
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• v.16 no.3
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• pp.169-180
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• 2003

Biodiversity is defined as totality of genetic, species, and ecosystem variability. It provides natural sources of crop improvement, traditional medicine and biotechnology. In 1993, the Convention on Biological Diversity(CBD) became a legally binding framework for conserving and utilizing global biological diversity. It recognizes national sovereign rights over all genetic resources, such as the need to compensate developing countries for the resources they have provided to the industrialized world. The CBD grants access to those resources in exchange for compensation as well as technology transfer, so that the access to genetic resources would be made under prior informed consent(PIC) and mutually agreed terms(MAT). On the other hand, the developed countries argued that unfettered exchange of genetic resources was essential for scientific research and development, and that technology using genetic resources should be protected. There are many countries today, developing legal frameworks concerned with access to their local genetic resources and benefit sharing. In this study, we analyzed the international trends for conservation of biodiversity and sustainable use of genetic resources, and suggested how to cope actively with the situation.

• Journal of Environmental Policy
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• v.13 no.2
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• pp.3-20
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• 2014

Due to habitat damage associated with climate change and human activities, biodiversity has decreased all over the world. In order to prevent further reduction in biodiversity, the international community has endeavored to establish a cooperative system, such as the Convention on Biological Diversity (CBD). Until now, most biodiversity strategic planning has been led by the national government. However, the National Biodiversity Strategy and Action Plan is conservative and its strategic plan is vague. Therefore, we propose a method for managing local biological resources called the Local Biodiversity Strategy and Action Plan. In order to provide the strategic plans and detailed plans for the Local Biodiversity Strategy and Action Plan, the report has examined several cases including Convention on Biological Diversity, Strategic Plan for Biodiversity 2011-2020, and the biodiversity strategies and action plans of the Republic of Korea and several other countries. As a result, the report demonstrates the survey and protection of bio-species, the designation and monitoring of conservation region, the management of the integrated eco-network, the establishment of biodiversity organizations and capacity building, the methods to promote networking and traditional knowledge, and the strategy for development in bioindustry. Consequently, the implementation of biodiversity management strategies by local governments will play a significant role in preserving and increasing biodiversity by realizing the goals of Strategic Plan for Biodiversity 2011-2020.

• Ocean and Polar Research
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• v.29 no.1
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• pp.43-53
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• 2007

Recently, controversy over intellectual property rights for protecting genetic resources and traditional knowledge has been emerging. Very active debates and global discussions are being carried out in various international organizations for possible approaches to be taken for these properties, and for the fair and equal sharing of the benefits from these intellectual properties. There is a need to evaluate adopting a sui generis system which is being pushed by developing nations, or adopting a policy which will guaranteee benefit sharing such as sharing royalties from marketing final products, technical transfers, capacity building, and participating in research activities. Also, it is very important to examine the legal issues concerning genetic resources based on Convention on Biological Diversity for the fair and equal sharing of the benefits with developing nations, at the same time assuring developed nations of access to genetic resources.

• Korean Journal of Environment and Ecology
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• v.34 no.6
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• pp.601-609
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• 2020

This study aims to draw suggestions for establishing the Post-2020 national policy direction and goals related to protected areas in Korea by analyzing the trends of major discussion issues on protected areas in the Convention on Biological Diversity (CBD) and reviewing the achievement progress of the Aichi target-11. Regarding the CBD decisions on protected areas, two decisions (Decisions II/7 and II/8) were adopted in 1995, and then the Program of Work on Protected Areas (PoWPA), which presented an ideal blueprint for protected areas, was adopted at the 7th Conference of the Parties (COP) in 2004. At the 10th COP in 2010, the "Strategic Plan for Biodiversity 2011-2020 and the Aichi Biodiversity Target" (Decision X/2) was adopted along with the Decision X/31, which presented ten key issues related to protected areas. The global outcomes of the Aichi Target-11 include 15% of the earth's land area and 7.4% of the ocean being designated as protected areas. In Korea, 16.63% of the land and 2.12% of the ocean have been designated as protected areas. However, the outcomes of the effective and equitable management, protection of areas important to biodiversity and ecosystem services, and identifying "Other effective area-based conservation measures" (OECMs) and linking them with protected areas have been found to be significantly short of global goals. The first draft of the Post-2020 Global Biodiversity Framework (Post-2020 GBF) prepared in January 2020 presented multi-step objectives. They included protecting at least 60% of particularly important sites for biodiversity through protected areas and other effective area-based conservation measures, at least 30% of the entire land and sea areas, and at least 10% of them under strict protection by 2030. The Updated Zero drafted in August 2020 concisely set out one quantitative goal of at least 30% of the globe by 2030, adding qualitative goals that these areas should be protected and conserved through "well connected and effective system of protected areas and OECMs at least 30 % of the planet with the focus on areas particularly important for biodiversity." Based on the draft Post-2020 GBF's targets related to protected areas and Korea's national targets reflecting the current state of Korea and established national plans, we suggest the national targets "to protect and conserve at least 30% of the land area and 10% of the marine area and to strengthen the means of qualitative achievement by establishing sub-targets through an effective system of protected areas and OECMs by 2030.".

• Journal of Environmental Policy
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• v.6 no.1
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• pp.1-40
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• 2007

The research in this paper, for the effective implementation of CBD PoW PA(Program of Work on Protected Areas of Convention on Biological Diversity) that was adopted by CBD COP7(Conference of the Parties) in 2004, shows the objectives and activities of 9 each subject in PoW PA regarding domestic status and cases of national park management. Before anything else, according to the result of the review on the status of protected areas in Korea, there are 1,119 protected areas which are classified into 14 types and the total area is about $15,621km^2$. After a thorough review on 9 each subject about the implementation of CBD PoW PA, we found out that some parts such as management planning, prevention and alleviation of threats, and establishment of PAs system, are improved while financial support, improved social benefit, and MEE(Management Effectiveness Evaluation} fields are need to be improved. Especially regarding time-bound, ecological gap analysis on national level and MEE are need to be improved immediately. This paper could help us to understand the current status of PAs management system in Korea and to prepare national reports of CBD and implementation report of PoW PA. Based on research and results of this paper, we need to find the fields that have gaps in order to meet the requirements of the CBD PoW PA and the implementation tools that are suitable for managing Korea's protected areas. To effectively implement the various activities which require a systematic approach on the national level, the establishment of the networks among relevant organizations for protected areas are vital. To effectively reach the ultimate goal of CBD PoW PA, reducing the rate of biodiversity loss, it is essential that lots of plans established by authorities must be carried out in a constant manner to achieve goals of CBD PoW PA.

• Journal of Arbitration Studies
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• v.29 no.3
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• pp.75-97
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• 2019

The growing importance of biological resources as sovereign rights to healthcare, energy, and food has sparked international discussions on Genetic Resources (GRs) and Traditional Knowledge (TK). As the bio-industry continues to grow, research and development utilizing patented biological resources are advocated. Currently, World Intellectual Property Organization (WIPO) is actively discussing GRs and TK, and an effective response to national interest has been sought. Of late, there have been growing disputes over issues like ownership, control, and access and benefit-sharing between indigenous peoples and users of GRs and TK resources. Resolution of disputes concerning GRs and TK are thus becoming critical not only to stakeholders such as the indigenous peoples and corporations, but also to third-party users. Due to the weakness of the current IP and court system however, such disputes are not addressed adequately. This paper will address the use of Alternative Dispute Resolution (ADR), which is an out-of-court dispute resolution system, on conflicting issues regarding GRs and TK. It will consider the WIPO as a forum for ADR and ADR for GRs and TK disputes and it will seek both parties in the dispute to benefit from the use of the ADR process.

• Korean Journal of Environment and Ecology
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• v.37 no.4
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• pp.302-314
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• 2023

This study aims to explore the direction for Korea's effective response to Target 3 (30by30), which can be said to be the core of the Kunming-Montreal Global Biodiversity Framework (K-M GBF) of the Convention on Biological Diversity (CBD), to find the direction of systematic OECM (Other Effective area-based Conservation Measures) discovery at the national level through a survey of global conceptual review and expert perception of OECM. This study examined ① the use of Korean terms related to OECM, ② derivation of determining criteria reflecting global standards, ③ deriving types of potential OECM candidates in Korea, and ④ considerations for OECM identification and reporting to explore the direction for identifying systematic, national-level OECM that complies with global standards and reflects the Korean context. First, there was consensus for using Korean terminology that reflects the concept of OECM rather than simple translations, and it was determined that "nature coexistence area" was the most preferred term (12 people) and had the same context as CBD 2050 Vision of "a world of living in harmony with nature." This study suggests utilizing four criteria (1. No protected areas, 2. Geographic boundaries, 3. Governance/management, and 4. Biodiversity value) that reflect OECM's core characteristics in the first-stage selection process, carrying out the consensus-building process (stage 2) with the relevant agencies, and adding two criteria (3-1 Effectiveness and sustainability of governance and management and 4-1 Long-term conservation) and performing the in-depth diagnosis in stage 3 (full assessment for reporting). The 28 types examined in this study were generally compatible with OECMs (4.45-6.21/7 points, mean 5.24). In particular, the "Conservation Properties (6.21 points)" and "Conservation Agreements (6.07 points)", which are controlled by National Nature Trust, are shown to be the most in line with the OECM concept. They were followed by "Buffer zone of World Natural Heritage (5.77 points)", "Temple Forest (5.73 points)", "Green-belt (Restricted development zones, 5.63 points)", "DMZ (5.60 points)", and "Buffer zone of biosphere reserve (5.50 point)" to have high potential. In the case of "Uninhabited Islands under Absolute Conservation", the response that they conformed to the protected areas (5.83/7 points) was higher than the OECM compatibility (5.52/7 points), it is determined that in the future, it would be preferable to promote the listing of absolute unprotected islands in the Korea Database on Protected Areas (KDPA) along with their surrounding waters (1 km). Based on the results of a global OECM standard review and expert perception survey, 10 items were suggested as considerations when identifying OECM in the Korean context. In the future, continuous research is needed to identify the potential OECMs through site-level assessment regarding these considerations and establish an effective in-situ conservation system at the national level by linking existing protected area systems and identified OECMs.

• Journal of Environmental Policy
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• v.6 no.1
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• pp.41-60
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• 2007

Attempts were made to define the elements of debates, impact of decisions of the Access to Genetic Resources and Benefit-sharing(ABS) of the Conference of the Parties(COP) to the Convention on Biological Diversity(CBD) In Korea. Providing policy suggestions to cope with ABS, a cross-cutting issue of the meetings of the COP, was also undertaken. Meetings concerning ABS deal with several key matters such as an international regime, which is a legally binding implementation tool of the Bonn Guidelines, an international certificate of genetic resources' origin/source/legal provenance, and disclosure of origin of genetic resources, compliance measures with prior informed consent of the Contracting Parties providing such resources and with mutually agreed terms on which access was granted. Developing countries, rich in biodiversity and genetic resources, use the CBD as a major tool to maximize their national profits. They demand for national sovereign rights for the genetic resources and indigenous communities providing associated traditional knowledge. At the meetings of the COP, in addition, they requested that developed countries should transfer technologies and provide a financial mechanism for resource conservation to them. On the contrary, the developed countries argue that facilitating access to genetic resources is essential for scientific research and development, and that both Intellectual Property Rights and biotechnology using genetic resources should be protected to maximize their national benefits. Decisions of the COP concerning the Bonn Guidelines and compliance measures with ABS will affect on various socioeconomic fields of Korea, a country which is short of genetic resources. Especially, the importation of genetic resources and land development which might damage genetic resources will be limited seriously. Consequently, overall expenses will increase for the securing genetic resources from the foreign countries and developing biotechnology for conservation and sustainable uses of genetic resources. To minimize the adverse impacts, we endeavor to establish our clear standpoint and to lead the international trends, which are favorable for us. In order to achieve these objectives, government needs i) to proceed researches to lead the international ABS debates actively and to prepare the expected decisions of the future meetings of the COP, ii) to establish a national implementation plan to cope with the ABS and its related decisions, iii) to examine and improve the efficiencies of the national implementation plan with a proper monitoring system, and iv) cope with the other international meetings including the meetings of Trade Related Intellectual Properly Rights and International Treaty on Plant Genetic Resources for Food and Agriculture actively.