Beyond the Natural and (Im)Material. Interpreting the International Treaty on Plant Genetic Resources for Food and Agriculture from Legal, Post-human, and Relational Perspectives
In the context of technological advancements, genetic resources are increasingly utilised in their “dematerialised” forms, commonly referred to as Digital Sequence Information. This dematerialisation poses significant tensions for international instruments governing access to genetic resources and benefit-sharing, as well as for the negotiations related to their implementation, since the use of digital sequence information instead of physical genetic resources allows users to pragmatically bypass access and benefit-sharing rules. This paper interprets the International Treaty on Plant Genetic Resources for Food and Agriculture and its definitions of genetic material and genetic resources, including digital sequence information. This inclusive interpretation is defended as the most coherent under the Vienna Convention's interpretative methods (analysis of the text, context, object, and purpose of the treaty). Additionally, this interpretation is supported by a post-human and relational approach to international law, acknowledging the interconnected social, cultural, and informational dimensions of seeds.
Walckiers, P. (2025). Beyond the Natural and (Im)Material. Interpreting the International Treaty on Plant Genetic Resources for Food and Agriculture from Legal, Post-human, and Relational Perspectives. ESIL Proceedings, 30(1), 32-40. https://doi.org/10.1515/astro-2021-0005 (Original work published 2025)