The Nagoya Protocol On Access To Genetic Resources And The Fair And Equitable Sharing Of Benefits Arising From Their Utilization
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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 | : Thomas Greiber |
Publisher | : IUCN |
Total Pages | : 395 |
Release | : 2012 |
Genre | : |
ISBN | : 2831715296 |
Author | : Brendan Coolsaet |
Publisher | : Hotei Publishing |
Total Pages | : 434 |
Release | : 2015-04-21 |
Genre | : Law |
ISBN | : 9004293213 |
The adoption of the Nagoya Protocol on Access and Benefit-sharing to the Convention on Biological Diversity in 2010 is a major landmark for the global governance of genetic resources and traditional knowledge. The way in which it will be translated into practice will however depend on the concrete implementation in national country legislation across the world. Implementing the Nagoya Protocol compares existing ABS regimes in ten European countries, including one non-EU member and one EU candidate country, and critically explores several cross-cutting issues related to the implementation of the Nagoya Protocol in the EU. Gathering some of the most professional and widely acclaimed experts in ABS issues, this book takes a major step towards filling a gap in the vast body of literature on national and regional implementation of global commitments regarding ABS and traditional knowledge.
Author | : Federica Cittadino |
Publisher | : BRILL |
Total Pages | : 401 |
Release | : 2019-08-12 |
Genre | : Law |
ISBN | : 9004364404 |
In Incorporating Indigenous Rights in the International Regime on Biodiversity Protection, Federica Cittadino convincingly interprets the Convention on Biological Diversity (CBD) and its related instruments in light of indigenous rights and the principle of self-determination. Cittadino’s harmonisation of these formally separated regimes serves at least two main purposes. First, it ensures respect for the human rights framework that protects indigenous rights whilst implementing the biodiversity regime. Second, harmonisation allows for the full operationalisation of the indigenous related provisions of the CBD framework that concern traditional knowledge, genetic resources, and protected areas. Federica Cittadino successfully demonstrates that the CBD may allow for the protection of indigenous rights in ways that are more advanced than under current human rights law.
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 | : Food and Agriculture Organization of the United Nations |
Publisher | : Food & Agriculture Org. |
Total Pages | : 159 |
Release | : 2022-01-05 |
Genre | : Technology & Engineering |
ISBN | : 925135491X |
The fourth educational module on the International Treaty focuses on the Multilateral System functions provides an overview of the legal and historical perspectives that lead to the development of the Multilateral System and the list of Annex I crops. It also illustrates the core concepts and articles of Section IV of the International Treaty. The first two lessons are aimed at a broad target learner group, especially at learners that are new to the Multilateral System. Lessons three and four contain practical elements related to the day-to-day operations and may be of interest to those exchanging material and involved in the planning and implementation of the Multilateral System at the national level. All lessons provide an extensive list of resources and references for further reading and learning. It has been designed to contribute to supporting the implementation of the International Treaty and also the Post-2020 Global Biodiversity Framework.
Author | : Sebastian Oberthür |
Publisher | : Routledge |
Total Pages | : 264 |
Release | : 2013-10-30 |
Genre | : Business & Economics |
ISBN | : 1135135479 |
This book analyses the status and prospects of the global governance of Access Benefit Sharing (ABS) in the aftermath of 2010’s Nagoya Protocol to the Convention on Biological Diversity (CBD). The CBD’s initial 1992 framework of global ABS governance established the objective of sharing the benefits arising from the use of genetic resources fairly between countries and communities. Since then, ABS has been a contested issue in international politics – not least due to the failure of effective implementation of the original CBD framework. The Nagoya Protocol therefore aims to improve and enhance this framework. Compared to the slow rate of progress on climate change, it has been considered a major achievement of global environmental governance, but it has also been coined a ‘masterpiece of ambiguity’. This book analyses the role of a variety of actors in the emergence of the Nagoya Protocol and provides an up-to-date assessment of the core features of the architecture of global ABS governance. This book offers a central resource regarding ABS governance for those working on and interested in global environmental governance. This is achieved by focusing on two broad themes of the wider research agenda on global environmental governance, namely architecture and agency. Furthermore, individual chapter contributions relate and link ABS governance to other prominent debates in the field, such as institutional complexes, compliance, market-based approaches, EU leadership, the role of small states, the role of non-state actors and more. Partly due to its seeming technical complexity, ABS governance has so far not been at the centre of attention of scholars and practitioners of global environmental governance. In this book, care is taken to provide an accessible account of key functional features of the governance system which enables non-specialists to gain a grasp on the main issues involved, allowing the issue of ABS governance to move centre-stage and be more fully recognised in discussions on global environmental governance.
Author | : Elisa Morgera |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 443 |
Release | : 2014-07-25 |
Genre | : Law |
ISBN | : 9004217185 |
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.
Author | : |
Publisher | : |
Total Pages | : |
Release | : 1998 |
Genre | : Biodiversity conservation |
ISBN | : |
Author | : Charles Lawson |
Publisher | : Taylor & Francis |
Total Pages | : 247 |
Release | : 2022-10-14 |
Genre | : Law |
ISBN | : 1000730077 |
Addressing the management of genetic resources, this book offers a new assessment of the contemporary Access and Benefit Sharing (ABS) regime. Debates about ABS have moved on. The initial focus on the legal obligations established by international agreements like the United Nations Convention on Biological Diversity and the form of obligations for collecting physical biological materials have now shifted into a far more complex series of disputes and challenges about the ways ABS should be implemented and enforced. These now cover a wide range of issues, including: digital sequence information, the repatriation of resources, technology transfer, traditional knowledge and cultural expressions, open access to information and knowledge, naming conventions, farmers’ rights, new schemes for accessing pandemic viruses sharing DNA sequences, and so on. Drawing together perspectives from an interdisciplinary range of leading and emerging international scholars, this book offers a new approach to the ABS landscape; as it breaks from the standard regulatory analyses in order to explore alternative solutions to the intractable issues for the Access and Benefit Sharing of genetic resources. Addressing these modern legal debates from a perspective that will appeal to both ABS scholars and those with broader legal concerns in the areas of intellectual property, food, governance, Indigenous issues, and so on, this book will be a useful resource for scholars and students as well as those in government and in international institutions working in relevant areas.