(a) Fair and equitable benefit sharing, (b) access to genetic resources, (c) compliance, (d) traditional knowledge associated with genetic resources, and (e) capacity building. I would hazard a guess that the Compliance section especially must be gathering much angst amongst the negotiators as they try to come to one final draft, since this effectively would determine its effectiveness as a legally binding document.
While most of the developing countries, don’t have national laws of their own addressing Biodiversity, India has done a considerable amount – instituting the Biological Diversity Act, 2002, the Biological Diversity Rules, 2004, the Rules for Protection, Conservation and Effective Management of Traditional Knowledge Relating to Biological Diversity, 2009 and importantly has also created a database of Traditional Knowledge so as to document available information. India will also hosting the Conference in 2012 marking the 20th anniversary of the CBD.
On the flip side (and ironically), US has not ratified the CBD claiming that it interferes with the Intellectual Property Regime, and ergo seems willing to continue what the exploited nations are calling biopiracy.
It’s to be seen if this meet at Nagoya, 18 years since the start of this initiative, makes significant (or any?) progress towards restoring, or rather, attaining some equity for the rich biodiverse countries by putting in place an appropriate benefit sharing mechanism with an effective compliance system.