ANÁLISIS DE TRATADOS INTERNACIONALES RELACIONADOS CON RECURSOS GENÉTICOS Y SU CONGRUENCIA CON EL MARCO JURÍDICO MEXICANO

Abstract

Under the premise that international treaties related to genetic resources (GR) represent an opportunity for scientific, technological, socio-economic and cultural development for megadiverse countries, international treaties signed by Mexico, and their congruence with legislation, were analyzed. such as the Convention on Biological Diversity, the International Treaty on Plant Genetic Resources for Food and Agriculture, the Nagoya Protocol, and Agreements Relating to Intellectual Property Rights, versus, the Law on Sustainable Rural Development, the Federal Law on Plant Varieties, the General Law of Ecological Equilibrium, Environmental Protection, and Industrial Property Law. We identified 1739 variables grouped in 21 subjects applying the Pearson correlation to show the congruence between treaties and national policies. There is a constant contradiction of key terms; access to RG is explicit as an intention in documents of greater scope; however, access instrumentation does not exist, or is confusing in documents of lesser hierarchy. The forms of payment can favor science and technology (P≥0.7), but there are risks for GR associated with traditional knowledge and for rural inhabitants due to illegal access of agents interested in bioprospecting without distribution of benefits (socioeconomic development). The documents do not have mechanisms to resolve disputes, jurisdiction and applicable laws.