**4.3 Access and benefit-sharing system based on traditional ecological customary law**

Based on system for access and benefit sharing (ABS), a critical component of recognizing and protecting indigenous peoples' and local communities' customary rights to their biological genetic resources and associated traditional knowledge

is the construction of a just and equitable access and benefit-sharing mechanism, which customary law provides for. The three essential ideas and ideals embodied are instructive. The three guiding concepts are as follows: 1. Reciprocity: emphasizes that what is acquired must be returned with the same standard, contains the principle of fairness, and lays the foundation for communication and exchange between humans and between humans and the ecological environment. 2. Duality: emphasizes that everything has an antithesis and complements each other; no action can be individualistic in order to be accepted by others. 3. Balance: refers to the balance and harmony between nature and society, such as respecting nature and ecosystems; the principle of balance can resolve conflicts between man and nature and restore harmony between nature and society. The principle of balance needs to be observed in the application of customary law, as all customary law essentially derives from this principle [29]. The CBD, particularly the Nagoya Protocol, addresses access to genetic resources and their related traditional knowledge under the influence of three essential elements of customary law, namely the idea of prior informed consent, mutually agreed terms, and equitable benefit sharing. Numerous principles and parts of the benefit-sharing system emerge from customary law, particularly traditional ecological customary law governing access to and consent to the use of genetic resources and associated traditional knowledge. Thus, in the future, the fundamental content of the rule of law for the conservation of biological diversity's genetic resources and related traditional knowledge can also be based on traditional ecological customary law, in accordance with access and benefit-sharing procedures, to investigate the establishment of prior informed consent, access to genetic resources and related traditional knowledge, equitable benefit sharing, and other systems.
