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Fair and Equitable Benefit-Sharing in Agriculture (Open Access)

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Release : 2020-07-16
Genre : Business & Economics
Kind : eBook
Book Rating : 285/5 ( reviews)

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Book Synopsis Fair and Equitable Benefit-Sharing in Agriculture (Open Access) by : Elsa Tsioumani

Download or read book Fair and Equitable Benefit-Sharing in Agriculture (Open Access) written by Elsa Tsioumani. This book was released on 2020-07-16. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the emergence and development of the legal concept of fair and equitable benefit-sharing, and its application in agriculture. Developed in the 1990s, the concept of fair and equitable benefit-sharing has been deployed in an ever-wider variety of international instruments, including those on biodiversity, climate change and human rights. A lack of clarity persists, however, on what fair and equitable benefit-sharing requires and entails, and whether its implementation supports or eventually undermines equity and justice. This book examines these questions in the area of land, food and agriculture, addressing for the first time several instances of the agricultural production chain, including research and development, land governance and land use and access to markets. It identifies challenges regarding implementation of the concept as enshrined in environmental treaties and soft-law instruments, with a focus on the International Treaty on Plant Genetic Resources for Food and Agriculture, the Voluntary Guidelines on Tenure and the UN Declaration on the Rights of Peasants. It investigates its role, enabling conditions and limitations, in a contradictory policy context involving environmental, food security and human rights objectives but also a growing web of multilateral and bilateral trade and investment agreements. Linking international law research with a socio-legal analysis, the book addresses four grassroots examples, which offer ideas for institutional and legal innovation from the local to the global level. This interdisciplinary title will be of great interest to students and scholars of international environmental law, agriculture, land law, development studies and global governance, as well as policymakers and practitioners working in these fields. “The Open Access version of this book, available at https://doi.org/10.4324/9780429198304, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license."

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

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Release : 2022-10-14
Genre : Law
Kind : eBook
Book Rating : 077/5 ( reviews)

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Book Synopsis Access and Benefit Sharing of Genetic Resources, Information and Traditional Knowledge by : Charles Lawson

Download or read book Access and Benefit Sharing of Genetic Resources, Information and Traditional Knowledge written by Charles Lawson. This book was released on 2022-10-14. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Beyond Access

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Author :
Release : 2007
Genre : Convention on Biological Diversity
Kind : eBook
Book Rating : 806/5 ( reviews)

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Book Synopsis Beyond Access by : Morten Walløe Tvedt

Download or read book Beyond Access written by Morten Walløe Tvedt. This book was released on 2007. Available in PDF, EPUB and Kindle. Book excerpt: 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.

An Explanatory Guide to the Nagoya Protocol on Access and Benefit-sharing

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Author :
Release : 2012
Genre :
Kind : eBook
Book Rating : 296/5 ( reviews)

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Book Synopsis An Explanatory Guide to the Nagoya Protocol on Access and Benefit-sharing by : Thomas Greiber

Download or read book An Explanatory Guide to the Nagoya Protocol on Access and Benefit-sharing written by Thomas Greiber. This book was released on 2012. Available in PDF, EPUB and Kindle. Book excerpt:

Unraveling the Nagoya Protocol

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Author :
Release : 2014
Genre : Law
Kind : eBook
Book Rating : 171/5 ( reviews)

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Book Synopsis Unraveling the Nagoya Protocol by : Elisa Morgera

Download or read book Unraveling the Nagoya Protocol written by Elisa Morgera. This book was released on 2014. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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