Common Pools Of Genetic Resources

Author: Evanson Chege Kamau
Publisher: Routledge
ISBN: 1135069697
Size: 64.12 MB
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The Convention on Biological Diversity (CBD) strives for the sustainable and equitable utilization of genetic resources, with the ultimate goal of conserving biodiversity. The CBD and the Nagoya Protocol which has since been elaborated suggest a bilateral model for access to genetic resources and the sharing of benefits from their utilization. There is concern that the bilateral exchange "genetic resource for benefit sharing" could have disappointing results because providers are left out of the process of research and development, benefits are difficult to be traced to sources, and providers owning the same resource may complain of being excluded from benefit sharing. Thus, the CBD objective of full utilization and equitability may become flawed. Common Pools of Genetic Resources: Equity and Innovation in International Biodiversity Law suggests common pools as a complementary approach to bilateralism. This is one of the first books to reply to a number of complex legal questions related to the interpretation and implementation of the Nagoya Protocol. Taking an inductive approach, it describes existing pools and analyzes how they are organized and how they perform in terms of joint R&D and benefit sharing. It presents case studies of the most characteristic types of common pools, provides suggestions for further developing existing pools to cope with the requirements of the CBD and NP and, at the same time uses the clauses these conventions contain to open up for commons approaches. Written by a team of expert academics and practitioners in the field, this innovative book makes a timely and valuable contribution to academic and policy debates in international environmental law, international biodiversity law, intellectual property law, climate law and the law of indigenous populations.

Research And Development On Genetic Resources

Author: Evanson Chege Kamau
Publisher: Routledge
ISBN: 1317511174
Size: 19.88 MB
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National implementation of the Convention on Biological Diversity (CBD) provisions has yielded enough challenges for providers and users of genetic resources and associated traditional knowledge alike. The Nagoya Protocal brings novel ideas for resolving the challenges plaguing the Access and Benefit-Sharing (ABS) process in general and non-commercial research in particular. This is one of the first books to address research cooperation and facilitated access for non-commercial biodiversity research. It uniquely offers concrete and practicable solutions based on experiences of researchers and administrative officials with ABS, and on the interpretation of the Nagoya Protocol on how free and lively taxonomic research can be ensured while at the same time observing obligations of obtaining prior informed consent and sharing of benefits. This book will be useful to students of International Environmental Law, International Biodiversity Law, Intellectual Property Law, Climate Law and Law of Indigenous Populations. With foreword from Executive Secretary CBD, Braulio Ferreira de Souza Dias.

International Environmental Law Making And Diplomacy

Author: Tuomas Kuokkanen
Publisher: Routledge
ISBN: 1317530241
Size: 23.54 MB
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Bringing together contributions from diplomats, UN agency officials, lawyers and academics, this book provides?insight into the evolution of international environmental law, diplomacy and negotiating techniques. Based on first-hand experiences and extensive research, the chapters offer a blend of practice and theory, history and analysis, presenting a range of historical episodes and nuances and drawing lessons for future improvements to the processes of law-making and diplomacy. The book represents a synthesis of the most important messages to emerge from the annual course on Multilateral Environmental Agreements, delivered to diplomats and negotiators from around the world for the last decade by the University of Eastern Finland and the United Nations Environment Programme. The book will be of interest as a guide for negotiators and as a supplementary textbook and a reference volume for a wide range of students of law and environmental issues.

Environmental Governance Of Invasive Species

Author: Donato Gualtieri
Publisher: Routledge
ISBN: 1351867652
Size: 42.42 MB
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The consequences of the introduction and spread of invasive alien species in non-native ecosystems is an area of growing interest for ?international policymakers and regulators. Globalisation has increased the rate and magnitude of biological invasions, resulting in huge environmental, economic and social costs. Until recently, the effectiveness of international efforts to provide a coordinated response to the threat of alien invasions have been limited. This book considers the existing Multilateral Environmental Agreements and looks at the potential role of regional environmental governance, particularly in consideration of the adoption of the European Parliament and Council regulation 1143/2014 on the management and control of invasive species, to provide an effective response to this global threat.

Crop Genetic Resources As A Global Commons

Author: Michael Halewood
Publisher: Routledge
ISBN: 1844078922
Size: 23.24 MB
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The Earth's plant genetic resources are a common inheritance of all humankind, which should be held in shared trust for a common future. A key component of the global genetic commons is agricultural biodiversity. Our food and livelihood security depend on the sustained management of these diverse biological resources that are important for food and agriculture. Whilst agricultural biodiversity originates in specific farming communities, it has been shared widely and is considered by many to be part of the much-threatened global commons.This book is about the creation, management and use of the global crop commons. It focuses primarily on the legal and administrative construct that provides the basis of the global crop commons, that is, the multilateral system of access and benefit-sharing created by the International Treaty on Plant Genetic Resources for Food and Agriculture. This is particularly significant because it transcends the traditional dichotomy between privatization and total governmental control. It came into effect in 2006 and the book describes its origins and implementation since then, showing how many international organizations and some developing countries are moving quickly with implementation, while other countries are moving slowly and some multinational corporations are expressing misgivings about the system overall. The authors further analyze current challenges and how they might be resolved.

The Custodians Of Biodiversity

Author: Manuel Ruiz
Publisher: Routledge
ISBN: 1136582177
Size: 46.16 MB
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Globally, local and indigenous approaches to conserving biodiversity, crop improvement, and managing precious natural resources are under threat. Many communities have to deal with 'biopiracy,' for example. As well, existing laws are usually unsuitable for protecting indigenous and traditional knowledge and for recognizing collective rights, such as in cases of participatory plant breeding, where farmers, researchers and others join forces to improve existing crop varieties or develop new ones, based on shared knowledge and resources. This book addresses these issues. It outlines the national and international policy processes that are currently underway to protect local genetic resources and related traditional knowledge and the challenges these initiatives have faced. In particular these themes are addressed within the context of the Convention of Biological Diversity and the International Treaty on Plant Genetic Resources for Food and Agriculture. The authors broaden the policy and legal debates beyond the sphere of policy experts to include the knowledge-holders themselves. These are the 'custodians of biodiversity': farmers, herders and fishers in local communities. Their experience in sharing access and benefits to genetic resources is shown to be crucial for the development of effective national and international agreements. The book presents and analyzes this experience, including case studies from China, Cuba, Honduras, Jordan, Nepal, Peru and Syria. Copublished with the International Development Research Centre (IDRC).

Genetic Resources As Natural Information

Author: Manuel Ruiz Muller
Publisher: Routledge
ISBN: 1317624165
Size: 77.58 MB
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Demonstrating the shortcomings of current policy and legal approaches to access and benefit-sharing (ABS) in the Convention on Biological Diversity (CBD), this book recognizes that genetic resources are widely distributed across countries and that bilateral contracts undermine fairness and equity. The book offers a practical and feasible regulatory alternative to ensure the goal of fairness and equity is effectively and efficiently met. Through a legal analysis that also incorporates historic, economic and sociological perspectives, the book argues that genetic resources are not tangible resources but information. It shows that the existing preference for bilateralism and contracts reflects resistance on the part of many of the stakeholders involved in the CBD process to recognize them as such. ABS issues respond very well to the economics of information, yet as the author explains, these have been either sidelined or overlooked. At a time when the Nagoya Protocol on ABS has renewed interest in feasible policy options, the author provides a constructive and provocative critique. The institutional, policy and regulatory framework constitute "bounded openness" under which fairness and equity emerge.

Governing Digitally Integrated Genetic Resources Data And Literature

Author: Jerome H. Reichman
Publisher: Cambridge University Press
ISBN: 1316380998
Size: 38.10 MB
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The free exchange of microbial genetic information is an established public good, facilitating research on medicines, agriculture, and climate change. However, over the past quarter-century, access to genetic resources has been hindered by intellectual property claims from developed countries under the World Trade Organization's TRIPS Agreement (1994) and by claims of sovereign rights from developing countries under the Convention on Biological Diversity (CBD) (1992). In this volume, the authors examine the scientific community's responses to these obstacles and advise policymakers on how to harness provisions of the Nagoya Protocol (2010) that allow multilateral measures to support research. By pooling microbial materials, data, and literature in a carefully designed transnational e-infrastructure, the scientific community can facilitate access to essential research assets while simultaneously reinforcing the open access movement. The original empirical surveys of responses to the CBD included here provide a valuable addition to the literature on governing scientific knowledge commons.

Unraveling The Nagoya Protocol

Author: Elisa Morgera
Publisher: Martinus Nijhoff Publishers
ISBN: 9004217185
Size: 38.21 MB
Format: PDF
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The Nagoya Protocol is an unprecedented international environmental agreement that equally addresses development, distributive justice, and environmental sustainability. With a balanced view of the various possible interpretations of the Protocol provisions, in light of different national and regional perspectives, and a systematic highlighting of its legal innovations, Unraveling the Nagoya Protocol: A Commentary on the Nagoya Protocol on Access and Benefit-sharing to the Convention on Biological Diversity will serve as a seminal work for all those interested in the environment, human rights, economics and both legal and scientific innovations.

Sustainable Development Principles In The Decisions Of International Courts And Tribunals

Author: Marie-Claire Cordonier Segger
Publisher: Taylor & Francis
ISBN: 1317670000
Size: 67.64 MB
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The 2002 New Delhi Declaration of Principles of International Law relating to Sustainable Development set out seven principles on sustainable development, as agreed in treaties and soft-law instruments from before the 1992 Rio ‘Earth Summit’ UNCED, to the 2002 Johannesburg World Summit on Sustainable Development, to the 2012 Rio UNCSD. Recognition of the New Delhi principles is shaping the decisions of dispute settlement bodies with jurisdiction over many subjects: the environment, human rights, trade, investment, and crime, among others. This book explores the expanding international jurisprudence incorporating principles of international law on sustainable development. Through chapters by respected experts, the volume documents the application and interpretation of these principles, demonstrating how courts and tribunals are contributing to the world’s Sustainable Development Goals, by peacefully resolving disputes. It charts the evolution of these principles in international law from soft law standards towards recognition as customary law in certain instances, assessing key challenges to further judicial consideration of the principles, and discussing, for instance, how their relevance for compliance and disputes related to the 2015 Paris Agreement on climate change. The volume provides a unique contribution of great interest to law and policy-makers, judges, academics, students, civil society and practitioners concerned with sustainable development and the law, globally.