The Role of “Soft Law”/Guidance in Different Jurisdictions

Abstract

This paper details the potential of ‘soft law’ to promulgate instruments about the conception of ‘essentially derived varieties’ introduced by the International Convention for the Protection of New Varieties of Plants in 1991 (UPOV 1991). After addressing the forms of ‘soft law’ possible under the UPOV 1991 the paper provides a case study example of adopting the Bonn Guidelines on Access to Genetic Resources and Fair and Equitable Sharing of the Benefits Arising out of their Utilisation under the United Nations Convention on Biological Diversity (CBD) as a ‘soft law’ means of addressing the uncertain and contentious access and benefit-sharing obligations. The paper concludes with some key learnings for adopting ‘soft law’ instruments.