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The International Treaty on Plant Genetic Resources for Food and Agriculture: Potential Mechanisms for Ensuring Compliance and Resolving Disputes

May 2006

Citation: 36 ELR 10345

Issue: 5

Author: Daniele Manzella

Editor's Summary: Plant genetic resources are essential to feeding the world's population. With the goal of guaranteeing food security through the conservation, exchange, and sustainable use of the world's plant genetic resources for food and agriculture, as well as the fair and equitable benefit sharing arising from its use, the Food and Agriculture Organization of the United Nations adopted the International Treaty on Plant Genetic Resources for Food and Agriculture in November 2001, after seven years of negotiation. In this Article, Daniele Manzella examines the enforceable obligations of the Contracting Parties to the treaty, as well as the contract obligations of parties to material transfer agreements that arise under it, and makes a number of recommendations to ensure the treaty's successful implementation.

The author has served the Food and Agriculture Organization (FAO) of the United Nations (U.N.) as Legal Officer. At present, he is an independent consultant. He holds a Doctorate in Private Comparative Law from the University of Macerata, Italy, and an LL.M. in International and Comparative Environmental Law from the University of London, United Kingdom. The author would like to thank Ali Mekouar, Lillian Pinzon, and Jessica Vapnek for the contributions made to this Article at various stages. The positions and opinions expressed in this Article remain of its author exclusively and do not represent the views of the FAO of the United Nations.

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