Fair And Equitable Benefit Sharing In International Law
Download Fair And Equitable Benefit Sharing In International Law full books in PDF, epub, and Kindle. Read online free Fair And Equitable Benefit Sharing In International Law ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
Author | : Morten Walløe Tvedt |
Publisher | : IUCN |
Total Pages | : 172 |
Release | : 2007 |
Genre | : Convention on Biological Diversity |
ISBN | : 2831709806 |
Fewer than 11% of CBD Parties have adopted substantive ABS law, and nearly all of these are developing countries, focusing almost entirely on the 'access' side of the equation. Most of the CBD's specific ABS obligations, however, relate to the other side of the equation-benefit sharing. This book considers the full range of ABS obligations, and how existing tools in user countries' national law can be used to achieve the CBD's third objective. It examines the laws of those user countries which have either declared that their ABS obligations are satisfied by existing national law, or have begun legislative development; the requirements, weaknesses and gaps in achieving benefit-sharing objectives; and the ways in which new or existing legal tools can be applied to these requirements.
Author | : Thomas Greiber |
Publisher | : IUCN |
Total Pages | : 395 |
Release | : 2012 |
Genre | : |
ISBN | : 2831715296 |
Author | : Evanson C. Kamau |
Publisher | : Earthscan |
Total Pages | : 529 |
Release | : 2009 |
Genre | : Law |
ISBN | : 1849770093 |
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).
Author | : Vito De Lucia |
Publisher | : BRILL |
Total Pages | : 469 |
Release | : 2022-01-31 |
Genre | : Law |
ISBN | : 9004506365 |
This book investigates competing constructions of areas beyond national jurisdiction, and their role in the creation and articulations of legal principles, providing a broader perspective on the ongoing negotiation at the UN on marine biodiversity beyond national jurisdiction.
Author | : Elisa Morgera |
Publisher | : Legal Studies on Access and Be |
Total Pages | : 417 |
Release | : 2014 |
Genre | : Law |
ISBN | : 9789004217171 |
Foreword; Acknowledgements; List of Abbreviations; Table of Legal Materials Cited; Introduction; 1 The International Debate on Access and Benefit-sharing; 1.1 Asymmetries and the Ethical Rationale for ABS; 1.2 An Incentive-based Approach to Biodiversity Conservation and the Economic Rationale for ABS; 1.3 The ABS Provisions of the CBD; 2 From the CBD to the Nagoya Protocol via the Bonn Guidelines; 3 Traditional Knowledge and ABS; 4 Indigenous Peoples and Local Communities as Beneficiaries of the CBD and the Nagoya Protocol.
Author | : Elisa Morgera |
Publisher | : Oxford University Press |
Total Pages | : 353 |
Release | : 2020 |
Genre | : Law |
ISBN | : 0198738048 |
"This book explores the evolving role of international law in directing and controlling the conduct of business enterprises, in particular multinational corporations, with respect to the protection of the environment, the sustainable use of natural resources, and the respect of inter-related human rights. It assesses the progress and continuing limitations in the identification of international standards of corporate environmental accountability and responsibility, and their implementation by international organizations. This assessment shows the extent to which the international community has conceptually and operationally clarified its expectations about acceptable corporate conduct. This second edition of Elisa Morgera's book reflects the intensified convergence of international standard-setting efforts on corporate environmental accountability, with parallel international developments on business and human rights and the environment. It also explores the recent emergence of substantive international standards of corporate environmental responsibility, which have arisen from a growing number of sectoral guidelines. Equally, it points to the remaining divergences in the content of international standards of corporate environmental accountability and responsibility, which reflect differing views among States of their international obligations to ensure the protection of the environment and the respect of human rights.?--Provided by publisher.
Author | : Elisa Morgera |
Publisher | : Oxford University Press |
Total Pages | : 305 |
Release | : 2024-05-09 |
Genre | : Law |
ISBN | : 0192606735 |
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.
Author | : Myron H. Nordquist |
Publisher | : Center for Oceans Law and Poli |
Total Pages | : 349 |
Release | : 2021 |
Genre | : Law |
ISBN | : 9789004422414 |
"This book is based on presentations made at the Malmö Conference by many of the most knowledgeable experts on both the on-going bbnj negotiations at the United Nations and on the well- established UNCLOS principles and rules. The Malmö Conference featured remarks by distinguished diplomats followed by six parts devoted to identifying the major issues at the bbnj negotiations"--
Author | : Henk A.M.J. ten Have |
Publisher | : Springer |
Total Pages | : 0 |
Release | : 2013-10-07 |
Genre | : Philosophy |
ISBN | : 9789400725119 |
As the first of its kind, this handbook presents state-of-the-art information and analysis concerning the state of affairs in bioethics in around 40 countries. The country reports point out the most important discussions as well as the emerging topics in the field. Readers can orientate themselves quickly with regard to the various relevant issues, institutional structures and expertise available in these countries. The authorship of this reference work is truly global as it involves contributions from the best authors with innate knowledge of the bioethics situation in these countries.
Author | : Maria Tysiachniouk |
Publisher | : MDPI |
Total Pages | : 214 |
Release | : 2020-12-29 |
Genre | : Science |
ISBN | : 3039361643 |
This book provides a first-of-its-kind review and analysis of benefit sharing frameworks between extractive industries and Indigenous and local communities in different parts of the Arctic. The authors describe a wealth of case studies in order to examine predominant practices, policies, arrangements, mechanisms and impact assessment methodologies. They also discuss possible ways to improve and advance existing benefit sharing regimes, in order to attain fair and equitable benefit sharing and support sustainable development. Among the topics covered in the book are corporate social responsibility and social license to operate, principles and methodologies of determining compensation, legal and informal frameworks of benefit sharing, community response to extractive activities, and global-to-local linkages that shape benefit sharing processes. The book will be of interest to academics, industry experts, legal specialists, policymakers, community members concerned with industrial activities, and anyone interested in sustainable development in the Arctic.