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Genetic Resources, Equity and International Law

Genetic Resources, Equity and International Law
Author: Camena Guneratne
Publisher: Edward Elgar Publishing
Total Pages: 335
Release: 2012-01-01
Genre: Nature
ISBN: 0857934953

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ÔThis book provides a clear analysis of the multi-level impacts of the existing international law regime related to genetic resources on developing countries. It does so through a cogent exposition of the different areas of the law pertaining to genetic resources that are relevant and impact on people's rights and livelihoods. Its focus on equity is a welcome addition to the literature.Õ Ð Philippe Cullet, University of London, UK ÔCamena GuneratneÕs thought-provoking book critically evaluates the clash between the private property approach to genetic resources embedded in international intellectual property conventions, and the competing values embedded in a variety of other conventions and laws. She contests key assumptions behind intellectual property regimes supporting genetic commerce, distinguishing the genetic ÒcommonsÓ from other types of resource. This book provides a comprehensive scholarly dealing with the topics noted in its title, but also should increase debate about policy failures in responding to the risks to the underprivileged of the instruments we use to pursue our economic interests of the majority.Õ Ð Paul Martin, University of New England, Australia ÔThis is a wonderful book. All too often in the quest to preserve biodiversity, we forget that the equation of equity has to be at the forefront of the debates on sustainable development. Dr Guneratne rectifies this mistake. In doing so, she shows us that in many of the most importance instances, we are not only losing large parts of the natural basis on which humanity depends, but also the ability to control the political and legal processes of which many of the world's poorest people depend. This linkage between biodiversity, politics and international law is of such a high calibre, that it is likely that this work will become a key text for students and scholars alike.Õ Ð Alexander Gillespie, University of Waikato, New Zealand This book examines current developments in international law which regulate the uses of plant genetic resources for food and agriculture, and the various property regimes which are applied to these resources by these international agreements. In the current context of the global food crisis, the development and stability of national agricultural systems is an urgent concern, particularly among developing countries. This stability, and national food security, will potentially be threatened if these countries are unable to have free access to agricultural crop plants. This book analyses a range of international agreements including the recently adopted Nagoya Protocol and demonstrates that in their current implementation they favour private ownership of these resources rather than free access. The book takes the position that this is inherently inequitable and these resources should be maintained in the public domain. This book will be of use to a wide range of readers from students and scholars to those working in the fields of trade and intellectual property, human rights, environmental conservation and advocacy on international issues. It contains a rigorous legal analysis of current international law development on the issue based on the negotiations which have taken place in the relevant forums, and will therefore be particularly useful to lawyers and legal scholars. It is also written in an uncomplicated style which makes it readily accessible to non-lawyers and the case studies and empirical data used throughout the book adds to its interest.


Common Pools of Genetic Resources

Common Pools of Genetic Resources
Author: Evanson Chege Kamau
Publisher: Routledge
Total Pages: 433
Release: 2013-07-18
Genre: Business & Economics
ISBN: 1135069697

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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.


Genetic Resources, Traditional Knowledge and the Law

Genetic Resources, Traditional Knowledge and the Law
Author: Evanson C. Kamau
Publisher: Routledge
Total Pages: 530
Release: 2009-09-02
Genre: Law
ISBN: 1136574425

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The need to regulate access to genetic resources and ensure a fair and equitable sharing of any resulting benefits was at the core of the development of the Convention on Biological Diversity (CBD). The CBD established a series of principles and requirements around access and benefit sharing (ABS) in order to increase transparency and equity in the international flow of genetic resources, yet few countries have been able to effectively implement them and ABS negotiations are often paralysed by differing interests. This book not only examines these complex challenges, but offers workable, policy-oriented solutions. International contributors cover theoretical approaches, new significant national legislation, the concept of traditional knowledge, provider and user country measures and common solutions. Exploring specific, salient examples from across the globe, the authors provide lessons for national regulation and the ongoing negotiations for an international ABS regime. Uniquely, this book also looks at the potential for 'horizontal' development of ABS law and policy, applying lessons from bilateral approaches to other national contexts.


International law of relevance to plant genetic resources: a practical review for scientists and other professionals working with plant genetic resources

International law of relevance to plant genetic resources: a practical review for scientists and other professionals working with plant genetic resources
Author: Susan Bragdon
Publisher: Bioversity International
Total Pages: 125
Release: 2004
Genre:
ISBN: 929043614X

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History and development. The FAO global system for the conservation and sustainable use of plant genetic resources for food and agriculture. The International treaty on plant genetic resources for dood and agriculture. The Convention on Biological Diversity. Origin and movement of OGR: implications for acess and benefit-sharing policies. The TRIPS agreement. UPOV. Phytosanitary and biosafety measures. Development and improvement of genetic resources. Cross-cutting issues. Economic issues.


Regulating Genetic Resources

Regulating Genetic Resources
Author: Charles Lawson
Publisher: Edward Elgar Publishing
Total Pages: 337
Release: 2012-01-01
Genre: Law
ISBN: 1781001669

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ÔAn insightful guide to some key developments in the international governance of genetic resources. Exploration of the central role of state sovereignty in current approaches aids understanding of the impact that the socio-economic and political context has on the content and direction of rules in this area. The book includes extensive information on the influence of treaty regimes that are often marginal to or absent from other analyses of genetic resource governance (outer space, seas and oceans, and Antarctica).Õ Ð Catherine Rhodes, The University of Manchester, UK This detailed and concise book surveys the international genetic resources laws applying in Antarctica, space, the oceans and seas, the lands, and the airspaces above land and water. The well-structured analysis traces the evolution of these various schemes and their contributions to the comprehensive arrangements under the Convention on Biological Diversity, the International Treaty on Plant Genetic Resources for Food and Agriculture and the World Health OrganizationÕs PIP Framework. The book details the different avenues and concluded positions, documenting a laboratory of legal approaches and possibilities. Regulating Genetic Resources will be a valuable addition to academics, governments, NGOs and students in environmental and intellectual property law.


International Law And Sustainable Development

International Law And Sustainable Development
Author: Nico J. Schrijver
Publisher: Martinus Nijhoff Publishers
Total Pages: 750
Release: 2004-01-01
Genre: Law
ISBN: 9004141731

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Schrijver (Vrije U., Amsterdam) and Weiss (U. of Amsterdam) have both served on committees of the International Law Association (ILA).


Plant Genetic Resources and Food Security

Plant Genetic Resources and Food Security
Author: Christine Frison
Publisher: Routledge
Total Pages: 362
Release: 2012-06-25
Genre: Technology & Engineering
ISBN: 1136536833

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The International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) is a pivotal piece of recent legislation, providing a route map for the use of such resources for sustainable agriculture and food security. Plant Genetic Resources and Food Security explains clearly the different interests and views at stake between all players in the global food chain. It touches upon many issues such as international food governance and policy, economic aspects of food and seed trade, conservation and sustainable use of food and agricultural biodiversity, hunger alleviation, ecological concerns, consumers' protection, fairness and equity between nations and generations, plant breeding techniques and socio-economic benefits related to food local economies. The book shows that despite the conflicting interests at stake, players managed to come to an agreement on food and agriculture for the sake of food security and hunger alleviation in the world. Published with the Food and Agriculture Organization (FAO) of the United Nations and with Bioversity International.


Genetic Resources as Natural Information

Genetic Resources as Natural Information
Author: Manuel Ruiz Muller
Publisher: Routledge
Total Pages: 171
Release: 2015-09-16
Genre: Law
ISBN: 1317624165

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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.


Fair and Equitable Benefit-sharing in International Law

Fair and Equitable Benefit-sharing in International Law
Author: Elisa Morgera
Publisher: Oxford University Press
Total Pages: 305
Release: 2024-05-09
Genre: Law
ISBN: 0192606735

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Fair and equitable benefit-sharing is a diffuse legal phenomenon in international law. The continued proliferation of benefit-sharing clauses can be explained by their appeal as an optimistic frame in addressing sustainability and equity concerns related to bio-based innovation, the use of natural resources, environmental protection, and knowledge creation. In principle, fair and equitable benefit-sharing serves to recognize, encourage, and incentivise sustainable human relationships with the environment by focusing on equity issues arising from the most intractable challenges of our time, such as loss of biodiversity, climate change, poverty, and global epidemics. Empirical evidence, however, indicates that, in practice, benefit-sharing rarely achieves its fairness and equity objectives, and ends up entrenching or worsening inequitable relationships with little to no benefit for the environment. Instead of focusing on fair and equitable benefit-sharing in sub-specialist areas of international law in isolation, Elisa Morgera assesses the phenomenon from a general international law perspective and through comparison-across international environmental law, international human rights law, international health law, and the law of the sea. Strengthened by insights from local-level case studies in different regions and sectors, this book looks toward overcoming the limitations inherent in individual international regimes and addressing the shortcomings in benefit-sharing implementation. Morgera's topical and comprehensive analysis reveals opportunities to advance fairness and equity in benefit-sharing through a mutually supportive interpretation of international biodiversity law and international human rights law, as well as opportunities to contribute to future research in areas such as international health law, international law on outer space, and international economic law. This is an open access title. It is made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 International licence. It is available to read and download as a PDF version on the Oxford Academic platform.


International Law and Genetic Resources

International Law and Genetic Resources
Author: Sergio Peña-Neira
Publisher: LAP Lambert Academic Publishing
Total Pages: 168
Release: 2012-05-01
Genre:
ISBN: 9783847307969

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"International Law and Genetic Resources from animals, plants and microorganisms" focuses on the discussions held in the last 20 years after the Rio Summit of 1992 on Natural Genetic Resources or Genetic Resources from animals, plants and microorganisms, its international regulation. As well, cases have been explored and the book tackles an evaluation of the most important arguments, with evidence and legal reasoning on the issue of Access and Equitable Sharing of Benefits from Genetic Resources from animals, plants and microorganisms. It is a juridical view point but includes a legal- sociological approach and the recent changes and juridical solutions in this area. For anyone involved in this subject and for those that will be in Rio 2012 evaluating the Convention on Biological Diversity this book will help them tremendously to understand many of the discussions at the conference in Rio 2012 as well as the conferences where the subject of access and equitable sharing of benefits will be at the centre of the efforts to evaluate the positive outcomes arising from the aforementioned convention.