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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.


Protecting Biodiversity

Protecting Biodiversity
Author: International Development Research Centre (Canada)
Publisher: IDRC
Total Pages: 121
Release: 2000
Genre: Biodiversity conservation
ISBN: 0889369003

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Within the countries of South and North America are found some of the most diverse collections of flora and fauna in the world. Colombia alone carries over 50 thousand different plant species. This precious resource, however, is quickly dwindling. Pharmaceutical and biotechnology companies are tapping America's genetic resources at an ever-increasing rate, and habitat destruction has pushed many species to extinction or to the brink of extinction. "Protecting Biodiversity" addresses one of the most fundamental aspects of this important issue: the lack of adequate national laws regulating access to, and compensation for, the use of local genetic resources. This book is the first to compare such laws and policies across a range of countries in both the industrialized and developing worlds, including Argentina, Canada, Colombia, Costa Rica, Paraguay, Peru, and the United States. It also presents legal viewpoints, conclusions, and solid recommendations for future action. "Protecting Biodiversity" is the newest reference book in the rapidly emerging legal field that combines environmental, intellectual property, contract, and administrative law.


Agrobiodiversity and the Law

Agrobiodiversity and the Law
Author: Juliana Santilli
Publisher: Routledge
Total Pages: 348
Release: 2016-03-31
Genre:
ISBN: 9781138680333

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A wide range of crop genetic resources is vital for future food security. Loss of agricultural biodiversity increases the risk of relying on a limited number of staple food crops. However, many laws, such as seed laws, plant varieties protection and access and benefit-sharing laws, have direct impacts on agrobiodiversity, and their effects have been severely underestimated by policy-makers. This is of concern not only to lawyers, but also to agronomists, biologists, and social scientists, all of whom need clear guidance as to the relevance of the law to their work. This book analyzes the impact of the legal system on agrobiodiversity (or agricultural biodiversity) - the diversity of agricultural species, varieties, and ecosystems. Using an interdisciplinary approach, it takes up the emerging concept of agrobiodiversity and its relationship with food security, nutrition, health, environmental sustainability, and climate change. It assesses the impacts on agrobiodiversity of key legal instruments, including seeds laws, the International Convention for the Protection of New Varieties of Plants, plant breeders' rights, the Convention on Biological Diversity (regarding specifically its impact on agrobiodiversity), and the International Treaty on Plant Genetic Resources for Food and Agriculture. It also reviews the options for the implementation of these instruments at the national level in several countries. It discusses the interfaces between the free software movement, the 'commons' movement, and seeds, as well as the legal instruments to protect cultural heritage and their application to safeguard agrobiodiversity-rich systems. Finally, it analyzes the role of protected areas and the possibility of using geographical indications to enhance the value of agrobiodiversity products and processes.


Genetic Resources, Traditional Knowledge and the Law

Genetic Resources, Traditional Knowledge and the Law
Author: Evanson C. Kamau
Publisher: Earthscan
Total Pages: 529
Release: 2009
Genre: Law
ISBN: 1849770093

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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).


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.


Managing Global Genetic Resources

Managing Global Genetic Resources
Author: National Research Council
Publisher: National Academies Press
Total Pages: 476
Release: 1993-02-01
Genre: Technology & Engineering
ISBN: 0309131863

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This anchor volume to the series Managing Global Genetic Resources examines the structure that underlies efforts to preserve genetic material, including the worldwide network of genetic collections; the role of biotechnology; and a host of issues that surround management and use. Among the topics explored are in situ versus ex situ conservation, management of very large collections of genetic material, problems of quarantine, the controversy over ownership or copyright of genetic material, and more.


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.


Crop Genetic Resources as a Global Commons

Crop Genetic Resources as a Global Commons
Author: Michael Halewood
Publisher: Routledge
Total Pages: 412
Release: 2012-11-27
Genre: Technology & Engineering
ISBN: 1136529489

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Farmers have engaged in collective systems of conservation and innovation – improving crops and sharing their reproductive materials – since the earliest plant domestications. Relatively open flows of plant germplasm attended the early spread of agriculture; they continued in the wake of (and were driven by) imperialism, colonization, emigration, trade, development assistance and climate change. As crops have moved around the world, and agricultural innovation and production systems have expanded, so too has the scope and coverage of pools of shared plant genetic resources that support those systems. The range of actors involved in their conservation and use has also increased dramatically. This book addresses how the collective pooling and management of shared plant genetic resources for food and agriculture can be supported through laws regulating access to genetic resources and the sharing of benefits arising from their use. Since the most important recent development in the field has been the creation of the multilateral system of access and benefit-sharing under the International Treaty on Plant Genetic Resources for Food and Agriculture, many of the chapters in this book will focus on the architecture and functioning of that system. The book analyzes tensions that are threatening to undermine the potential of access and benefit-sharing laws to support the collective pooling of plant genetic resources, and identifies opportunities to address those tensions in ways that could increase the scope, utility and sustainability of the global crop commons.


The State of the World’s Aquatic Genetic Resources for Food and Agriculture

The State of the World’s Aquatic Genetic Resources for Food and Agriculture
Author: Food and Agriculture Organization of the United Nations
Publisher: Food & Agriculture Org.
Total Pages: 291
Release: 2019-07-24
Genre: Technology & Engineering
ISBN: 9251316082

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The conservation, sustainable use and development of aquatic genetic resources (AqGR) is critical to the future supply of fish. The State of the World’s Aquatic Genetic Resources for Food and Agriculture is the first ever global assessment of these resources, with the scope of this first Report being limited to cultured AqGR and their wild relatives, within national jurisdiction. The Report draws on 92 reports from FAO member countries and five specially commissioned thematic background studies. The reporting countries are responsible for 96 percent of global aquaculture production. The Report sets the context with a review of the state of world’s aquaculture and fisheries and includes overviews of the uses and exchanges of AqGR, the drivers and trends impacting AqGR and the extent of ex situ and in situ conservation efforts. The Report also investigates the roles of stakeholders in AqGR and the levels of activity in research, education, training and extension, and reviews national policies and the levels of regional and international cooperation on AqGR. Finally, needs and challenges are assessed in the context of the findings from the data collected from the countries. The Report represents a snapshot of the present status of AqGR and forms a valuable technical reference document, particularly where it presents standardized key terminology and concepts.


Agrobiodiversity

Agrobiodiversity
Author: Karl S. Zimmerer
Publisher: MIT Press
Total Pages: 403
Release: 2023-10-31
Genre: Science
ISBN: 0262549697

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Experts discuss the challenges faced in agrobiodiversity and conservation, integrating disciplines that range from plant and biological sciences to economics and political science. Wide-ranging environmental phenomena—including climate change, extreme weather events, and soil and water availability—combine with such socioeconomic factors as food policies, dietary preferences, and market forces to affect agriculture and food production systems on local, national, and global scales. The increasing simplification of food systems, the continuing decline of plant species, and the ongoing spread of pests and disease threaten biodiversity in agriculture as well as the sustainability of food resources. Complicating the situation further, the multiple systems involved—cultural, economic, environmental, institutional, and technological—are driven by human decision making, which is inevitably informed by diverse knowledge systems. The interactions and linkages that emerge necessitate an integrated assessment if we are to make progress toward sustainable agriculture and food systems. This volume in the Strüngmann Forum Reports series offers insights into the challenges faced in agrobiodiversity and sustainability and proposes an integrative framework to guide future research, scholarship, policy, and practice. The contributors offer perspectives from a range of disciplines, including plant and biological sciences, food systems and nutrition, ecology, economics, plant and animal breeding, anthropology, political science, geography, law, and sociology. Topics covered include evolutionary ecology, food and human health, the governance of agrobiodiversity, and the interactions between agrobiodiversity and climate and demographic change.