Wild plants and animals can provide natural chemicals and compounds for producing drugs and other products, information and ideas for developing synthetic chemicals and compounds, and genes for engineering plants and animals with desirable sets of traits. Despite their value, wild species are threatened by destruction of natural habitats. Because there are no property rights to wild species or the genetic resources embodied in them, habitat protection tends to be undervalued, particularly in developing countries. However, contractual arrangements that allow these countries to trade the right to collection of their wild genetic resources in return for compensation could foster habitat protection in the absence of such property rights.
The rationale for the preservation of the world's biodiversity runs from the highly spiritual to the pragmatic. On the spiritual side is the growing feeling among some groups that wholesale disturbances of natural systems are somehow unethical or immoral. On the pragmatic side, it is well recognized that the genetic constituents of plants and animals have substantial social and economic value from which all members of the global community may potentially benefit. Genetic information provides direct and indirect inputs for plant breeding programs, development of natural products (including pharmaceuticals and drugs), and increasingly sophisticated applications of biotechnology. The substantial increase in world agricultural output since the early 1970s has been due primarily to the ability of plant breeders to develop high-yielding varieties of the various food and feed grains by utilizing genes drawn from often overlooked plant species. More recently, recognition of the potential of wild genetic resources in development of drugs has led the National Cancer Institute to initiate a massive plant collection project that seeks to identify plants with chemical constituents effective against a variety of cancers. In recent years a number of widely used drugs have been developed from plants, including two important anti-cancer drugs derived from the now well-known rosy periwinkle found in tropical Madagascar.
Making use of wild species
The benefits of using wild plants (or animals) as a resource may be obtained in three general ways. First, a species—or its phenotype, the individual plant or animal—can be consumed directly or it can be a direct source of natural chemicals and compounds used in the production of "natural" drugs and other natural products. Second, a species' natural chemicals can provide information and ideas—a blueprint—indicating unique ways to develop useful synthetic chemicals and compounds. For example, aspirin, an early synthesized drug, is a modification of the natural chemical salicylic acid (found in plants), which is too strong to be taken orally. And third, a wild species can be the source of a gene or set of genes with desired genetic traits that can be utilized in breeding or in newly developed biotechnological techniques. For example, germplasm from wild species is used to maintain the vitality of many important food crops. The latter two utilizations are essentially nonconsumptive, employing the genotype—the characteristics embodied in the genetic constituents of plant and animal species—as a source of information.
One recently publicized example of a useful natural chemical is taxol—a promising anti-cancer compound occurring naturally in the Pacific yew tree found in western North America. In 1985 taxol was found to shrink tumors in many ovarian cancer patients. In addition, its unique anti-tumor properties have been demonstrated in about 50 percent of advanced breast cancer patients treated with the drug. In two recent studies taxol has proved successful in treating tumors that had not responded to conventional treatments such as chemotherapy. It is the first and, to date, only member of a new class of anti-tumor compounds whose unique mechanism of action is distinct from the action of any currently used cytotoxic agent.
The current process for extracting taxol—peeling the bark of the yew—destroys the trees involved. It is anticipated that naturally occurring yews will provide most of the taxol through the mid-1990s, after which other sources will gradually be developed. These could include the conversion of compounds similar to taxol into taxol, the generation of taxol from plant tissue cultures, and biosynthesis. Synthetic production of taxol may also be possible, although this could be difficult due to the complexity of the compound.
With recent breakthroughs in biotechnology, the potential for development of useful products from wild plant and animal species would appear to be limitless. Species that have no current commercial application, contain no useful natural chemicals, or are as yet undiscovered, nevertheless may have substantial value as repositories of genetic information that may someday be discovered and exploited. The ability of modern biotechnology to transfer genes to unrelated natural organisms opens the possibility for the development of a wide variety of engineered plants and animals with hitherto unattainable sets of traits. As biotechnology develops, the scope for utilization of genetic information embodied in wild plants and animals will almost surely increase. Moreover, the ability to utilize the information from different organisms is likely to increase as genetic engineering expertise grows. The benefits of sustaining a rich and diverse biosystem are likely to be large since technology and natural genetic information may well complement each other in economic activity.
Loss of genetic resources
Despite the acknowledged social value of sustaining wild plants and animals, destruction of natural habitats in which they are found is widespread, posing a serious threat to genetic resources. Species with potentially useful characteristics for biotechnological innovations may be lost through tropical deforestation, for example. It has been estimated that 70 percent of the 3,000 plant species known to have anti-cancer properties are found in tropical forests. Considerable criticism has been directed at Third World countries with large areas of tropical forest for not protecting and properly appreciating the values of their native forests, particularly the values of biological diversity.
If preservation were without cost, then all genetic resources would be preserved. However, as the pressures on natural habitats rise due to alternative uses for the land, such as cropping or grazing, the costs of protection and preservation also rise. In earlier periods of human existence preservation of genetic resources was essentially costless. Recently, in situ and ex situ approaches have been used to protect the acknowledged values of genetic resources. The in situ approach involves protection of species in their natural habitats, whereas the ex situ approach involves protecting plants and animals in permanent collections such as zoos and botanical gardens, and preserving seeds and other genetic material in controlled environments such as germplasm banks. Although the ex situ approach has the advantage of lower costs, it is feasible for only a small fraction of species. This approach obviously cannot be used for species as yet unknown. Furthermore, the ex situ approach preserves selected species, not ecosystems, and thus risks the longer-term loss of species that are reliant upon the symbiotic relationships within ecosystems.
Although the destruction of a unique genetic resource base can occur from the consumptive use of a particular plant or animal itself, in practice a much more ominous threat comes from the process of land-use change. Land-use changes that destroy existing habitat and individual phenotypes can inadvertently drive to extinction potentially valuable genotypes, many as yet undiscovered, that are endemic to certain ecological niches.
Sustaining and preserving wild genetic resources
One way to view conceptually the problem of sustaining wild genetic resources is to think of these resources as a lottery containing a vast number of genetic "tickets," each with a different potential payoff. The timing and size of their economic returns vary greatly. Some of these tickets are currently generating payoffs. Others could or might generate future payoffs if the habitat is preserved long enough to allow their discovery and development. Still others would have to await further biotechnological developments before their potential returns could be realized. Although most of the lottery tickets will ultimately provide no payoff in terms of new chemicals, compounds, or transferable genes, a few will eventually result in substantial payoffs—jackpots—in the sense that these genetic resources will eventually generate large social benefits. However, it is difficult to differentiate in advance between those with significant potential future value and those with none.
It is difficult for the national state to capture returns to genetic resources because international law recognizes no property rights to these resources.
Today, no ownership of the genetic lottery tickets exists. Individuals and countries, having no unique claim to the returns of the genetic information embodied in the wild plants or animals on the land they are developing, will tend to ignore the potential economic value of the existing habitat. The destruction of genetic resources thus becomes an unintended consequence, an external effect, of land-use changes that destroy natural habitats.
Although the costs of investing in habitat protection and preservation can become substantial, the industrial world has argued that such investment is needed because wild genetic resources are global resources from which the development of better lines of food grains, new medicinal products, and other advances generate global benefits that accrue to inhabitants of all countries. Nevertheless, a landowner—public or private—whose land provides the habitat for a unique genetic resource has no unique claim to its benefits.
The paradox is not hard to comprehend. Most public goods lend themselves readily to investments by the national state. The state perceives itself as readily capturing the returns to goods such as defense and lighthouses. However, it is much more difficult for the state to capture the returns to a global public good such as genetic resources. There are two reasons for this. First, international law does not recognize property rights to wild species or wild genetic resource genotypes, and hence any rents associated with valuable natural genetic resources typically cannot be captured simply through domestic management of the resource, even by a national authority. Second, the tradition that natural genetic resources are the common heritage of mankind and thus should be available without restriction provides an obstacle to the introduction of barriers to the unrestricted flow of wild genetic resources out of a country.
Protecting public goods
One result of the lack of private or national property rights to wild genetic resources is that, to date, most efforts to preserve and protect these resources have been altruistic. Most proposals for protecting them have involved actions by governments and the international community to preserve habitat. The usual approach is for environmental groups and the governments of industrial countries to try to persuade governments of developing countries to protect habitats rich in biodiversity, such as tropical rain forests. Some progress is being made—for example, in maintaining plant genetic resources used for breeding food and feed crops. An international system of germplasm preservation, commonly called seed banks or germplasm collections, has been developed. The collections are in both public and private ownership, with the private collections often being held by plant breeders who capture returns through the development of improved stocks to which some forms of exclusive rights exist. However, the system of collections is much less well developed for genetic resources that might have potential for drugs and pharmaceuticals than is the system for plant genetic resources used in crop breeding. In either case, collections can preserve only a small fraction of the total genetic resource base.
Progress in preserving this base is being made as individual countries, often in concert with international organizations, protect unique lands and habitats, including tropical forests, wetlands, and coral reefs. The world total of protected land doubled between 1970 and 1980 and increased another 50 percent in the first half of the 1980s. By the mid-1980s there were more than 400 million hectares of protected land (1 billion acres or 7 percent of land worldwide, excluding Antarctica), up from about 100 million hectares in 1960.
Altruism has motivated greater protection of unique lands and habitats in developed countries than in developing countries, many of which have been indifferent to seriously protecting habitat preserves and have pursued protection haphazardly at best. This situation is beginning to change as the "common property" difficulty is recognized and various attempts are made to address it. For example, the Keystone International Dialogue Series on Plant Genetic Resources (talks among a high-level group of scientists and researchers from around the world) has identified as a "gap" the failure to develop an institutional framework for dealing with issues of plant genetic resource conservation related to ownership and intellectual property right (IPR) systems for plant genetic resources. In a June 1991 workshop on property rights, biotechnology, and genetic resources, held in Nairobi as part of the preparation for the United Nations Conference on Environment and Development (UNCED), the participants reached consensus on two key points. First, it was found that, as presently practiced, the treatment of biodiversity and genetic resources as a common heritage of humankind may have the unintended effect of ultimately undermining steps to conserve the resource. Second, it was agreed that any international negotiation on intellectual property rights should ensure that countries are free to decide whether or not to adopt IPR protection for genetic resources. Given this degree of interest, it is virtually certain that property rights for plant genetic resources will be an important item on the UNCED agenda.
Altruism has motivated greater protection of unique habitats in developed countries than in developing ones, which have pursued such protection haphazardly at best.
A Coasian solution
Perhaps the most exciting development in the search for vehicles to facilitate protection of genetic resources and to ensure that some portion of the benefits accrue to developing countries is changes in legal arrangements, driven in part by market forces. It was first recognized by Ronald Coase, the most recent Nobel laureate in economics, that external social benefits can often be "internalized" or captured through the simple legal instrument of the contract if transaction costs are small. In the last few years, contractual arrangements have begun to appear that allow developing countries to capture some of the rewards associated with the development of commercial drugs and other products that utilize genetic constituents of wild genetic resources found in their countries. These contractual arrangements require no new property rights. Rather, they utilize the ordinary legal instrument of a contract to, in effect, trade the right to collection in return for a guarantee of some portion of the revenues generated by the commercial development of a product that utilizes a genetic constituent from a unique wild genetic resource collected within the country. The judicious use of contract arrangements can allow for the capture of at least some benefits without de jure property rights to the individual natural genetic resources.
Organizations are also modifying their practices to allow them to enter into contractual arrangements with tropical countries to transfer the development rights to unique wild genetic resources to institutes in developed countries. For example, the National Cancer Institute in the United States is developing transfer agreements with tropical countries that have provisions for compensation, or revenue sharing, or both.
In addition, private collector firms are beginning to enter into contractual arrangements with tropical countries to offer royalties from revenues generated by future product developments in exchange for collection rights to wild plants. The most advanced activity of this type is occurring in Costa Rica, which recently created the National Biodiversity Institute to identify all of the wild plant species in the country, undertake preliminary screening of the various natural plants, and make agreements with pharmaceutical companies for further utilization of promising plants and natural chemicals. In 1991 the institute signed an agreement with the Merck pharmaceutical firm, whereby Merck will provide $1 million over the next two years to help the institute build its plant collection operations. In return, Merck will acquire exclusive rights to screen the collection for useful plant chemicals and extracts. Indonesia is currently investigating the possibility of establishing a similar system that would allow for the capture of some portion of product benefits derived from its biological resources.
Whatever emerges from UNCED, those concerned with biodiversity will confront an extremely complex and rapidly evolving resource issue. In addition to the traditional approaches to protecting areas where biodiversity is high, innovative approaches are evolving that give promise of providing financial incentives for protecting habitat where biodiversity can be preserved and for returning some of the proceeds of the successful development of a natural-based product to the country that provided the genetic constituents. The challenge for UNCED will be to serve as a catalyst for facilitating further development of these innovations, while being careful not to advance procedures and controls that inhibit, rather than promote, such constructive processes.
Roger A. Sedjo is a senior fellow in the Energy and Natural Resources Division at RFF.
A version of this article appeared in print in the January 1992 issue of Resources magazine.