Unraveling the Nagoya Protocol


Book Description

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.




Incorporating Indigenous Rights in the International Regime on Biodiversity Protection


Book Description

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.




The 2010 Nagoya Protocol on Access and Benefit-sharing in Perspective


Book Description

The 2010 Nagoya Protocol on Access and Benefit-sharing in Perspective analyses the implications of this innovative environmental treaty for different areas of international law, and its implementation challenges in various regions and from the perspectives of various stakeholders.




International Law and Marine Areas beyond National Jurisdiction


Book Description

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.




Access and Benefit Sharing of Genetic Resources, Information and Traditional Knowledge


Book Description

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.




Implementing the Nagoya Protocol


Book Description

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.




Biodiversity and Human Health


Book Description

The implications of biodiversity loss for the global environment have been widely discussed, but only recently has attention been paid to its direct and serious effects on human health. Biodiversity loss affects the spread of human diseases, causes a loss of medical models, diminishes the supplies of raw materials for drug discovery and biotechnology, and threatens food production and water quality. Biodiversity and Human Health brings together leading thinkers on the global environment and biomedicine to explore the human health consequences of the loss of biological diversity. Based on a two-day conference sponsored by the National Institutes of Health, the National Science Foundation, and the Smithsonian Institution, the book opens a dialogue among experts from the fields of public health, biology, epidemiology, botany, ecology, demography, and pharmacology on this vital but often neglected concern. Contributors discuss the uses and significance of biodiversity to the practice of medicine today, and develop strategies for conservation of these critical resources. Topics examined include: the causes and consequences of biodiversity loss emerging infectious diseases and the loss of biodiversity the significance and use of both prescription and herbal biodiversity-derived remedies indigenous and local peoples and their health care systems sustainable use of biodiversity for medicine an agenda for the future In addition to the editors, contributors include Anthony Artuso, Byron Bailey, Jensa Bell, Bhaswati Bhattacharya, Michael Boyd, Mary S. Campbell, Eric Chivian, Paul Cox, Gordon Cragg, Andrew Dobson, Kate Duffy-Mazan, Robert Engelman, Paul Epstein, Alexandra S. Fairfield, John Grupenhoff, Daniel Janzen, Catherine A. Laughin, Katy Moran, Robert McCaleb, Thomas Mays, David Newman, Charles Peters, Walter Reid, and John Vandermeer. The book provides a common framework for physicians and biomedical researchers who wish to learn more about environmental concerns, and for members of the environmental community who desire a greater understanding of biomedical issues.




Non-State Actors and International Obligations


Book Description

Non-State Actors and International Obligations examines the contribution and relevance of non-state actors in the creation and implementation of international obligations. These actors have traditionally been marginalised within international law and ambiguities remain over their precise role. Nonetheless, they have become increasingly important in legal regimes as participants in their implementation and enforcement, and as potential holders of duties themselves. Chapters from academics and practitioners investigate different aspects of this relationship, including the sources of obligations, their implementation, human rights aspects, dispute settlement, responsibility and legal accountability.




The Multilateral System of Access and Benefit-sharing


Book Description

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.




New Knowledge and Changing Circumstances in the Law of the Sea


Book Description

New Knowledge and Changing Circumstances in the Law of the Sea focuses on the challenges posed to the existing legal framework, in particular the United Nations Convention on the Law of the Sea, and the various ways in which States are addressing these challenges.