The Fruit of the Human Genome Tree: Cautionary Tales About Technology, Investment, and the Heritage of Humankind

I. Introduction The completion of the Human Genome Project (HGP) 1 is intensifying the polemics over access to technology and the expected benefits of genomics research and development. 2 As a result of the previous North-South 3 Resource Regime Negotiations, some are already dubbing the human genome the new common heritage of humankind (CHH). 4 This Article examines the promise of the CHH approach for a genomics regime 5 and the difficulties of reconciling CHH approaches with the imperatives of technology development, investment security, and controversial technology transfer provisions, 6 which have often imperiled the likelihood of substantive agreements. 7 While placing the human genome under common heritage governance 8 in a binding convention may be justifiable and/or desirable, such an arrangement could be controversial and perhaps counter-productive. Specifically, the inclusion of stringent technology transfer provisions, and the perception that the CHH undermines investment security and retards technological development, 9 often precipitate rejection of binding commonage agreements. 10 In effect, technology and investment are critical variables in understanding, explaining, and predicting the likelihood of public and private U.S. support for a binding international convention on the human genome. 11 This Article concludes with recommendations designed to achieve many of the normative aspirations of common heritage governance, while maximizing prospects for crucial U.S. support of a prospective international convention on the human genome. Part II of this Article outlines the history and purpose of the HGP and the imminent revolutionary changes and scientific benefits at the ...