SUSTAINABLE DEVELOPMENT AND SOCIAL-ENVIRONMENTAL JUSTICE: EQUITABLE SHARING OF ECONOMIC AND BIOTECH BENEFITS FROM THE USE OF BIOLOGICAL RESOURCES OF MEGA BIODIVERSE COUNTRIES AND THE TRADITIONAL KNOWLEDGE OF ANCIENT PEOPLES

The importance of the environment is seen as far as the conservation of the planet's ecosystems becomes sine qua non for sustainable development and survival of present and future generations. So, one of the basic principles enshrined in legal literature of how to ensure the compatibility between economic interests and the environment refers to prevention, understood as a guiding principle of any environmental intervention. In other words, for sustainable development suitable national and international measures must be placed to prevent everyday bio-piracy mechanisms as well as the pollution and waste of environmental resources. In this sense, in relation to the biodiversity in much of the developing countries, the United Nations’ Conference on Environment and Development held in Rio de Janeiro in 1992 brought recognition to the sovereignty of nations over their genetic resources in order to emphasize the underlying responsibility of recipient countries and users of biological resources of third parties so that those should ensure the fair and equitable sharing of the benefits arising from scientific knowledge as well as industrial exploitation and trading of such environmental goods. For both entities, relevant issues of cost-effectiveness and equity must be raised at national and international levels considering private benefit and environmental cost in order to reap socio-economic benefits from the use of such environmental godos [1]. Thus, economic efficiency should lead to fair monetary compensation based on the earnings made from the biological resource consumed. In addition, there must be fair compensation for the reduction of natural ecosystems as a way of internalizing socio-environmental costs (negative externalities) represented by the consumption of environmental goods.[2]. From this perspective, the present research is justified by the urgent need to create international legal mechanisms, guided by parameters of humanist ethics, able to promote the distribution of economic benefits as well as the diffusion of scientific and biotechnological advances resulting from the use of the genetic heritage associated with traditional knowledge of the ancient peoples from the countries that hold Earth’s mega-diversity. In this sense, addressing issues on sovereignty of the mega-diverse countries justifies the implementation of international laws favorable to building a global partnership for sustainable development based on the ideals of economic and social justice.