Biodiversity Conservation Through Access And Benefit Sharing Abs

Author : Oommen V. Oommen,K. P. Laladhas,Prakash Nelliyat,Balakrishna Pisupati
Publisher : Springer Nature
Page : 378 pages
File Size : 50,8 Mb
Release : 2023-01-18
Category : Technology & Engineering
ISBN : 9783031161865

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Biodiversity Conservation Through Access and Benefit Sharing (ABS) by Oommen V. Oommen,K. P. Laladhas,Prakash Nelliyat,Balakrishna Pisupati Pdf

This book deals with the economic potentials of biodiversity and its capacity to support its own conservation aiming to provide livelihood for millions engaged in conservation, both now and for future generations. The book highlights the potentials of natural resources which are characterized as capital wealth (as defined in Convention on Biological Diversity (CBD)), to finance its own conservation and to provide livelihood means to people who conserve it. The book is divided into five Parts. PART I explains about the Premise of Access and Benefit Sharing (ABS), PART II describes about the Technology Transfer, PART III will provide details about the Access to Genetic Resources and to Associated Traditional Knowledge and Benefit Sharing PART IV is the Implementation of ABS Mechanisms and PART V is about ABS and Its Economics. This book will be of interest to biodiversity policy makers, administrators, university and college students, researchers, biodiversity conservationists.

Author : Santiago Carrizosa
Publisher : IUCN
Page : 332 pages
File Size : 51,6 Mb
Release : 2004
Category : Law
ISBN : 9782831708164

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Accessing Biodiversity and Sharing the Benefits by Santiago Carrizosa Pdf

The book aims to address the lack of information on the experiences of others by providing a comparative analysis of national access and benefit-sharing laws and policies in the 41 Pacific Rim countries that signed the CBD. It provides key insights on the main characteristics of selected access and benefit-sharing (ABS) policies and laws, their development, and implementation process. It contains a detailed comparative analysis of existing laws and policies. It presents four case studies of countries with regulations in place and contrasts them with four case studies of countries that are struggling to develop their regulations. It ends by discussing options of an international regime on ABS and a summary analysis of the main lessons and recommendations from the study.

Author : Kamalesh Adhikari,Charles Lawson
Publisher : Routledge
Page : 262 pages
File Size : 51,5 Mb
Release : 2018-03-09
Category : Law
ISBN : 9781351580335

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Biodiversity, Genetic Resources and Intellectual Property by Kamalesh Adhikari,Charles Lawson Pdf

Debates about Access and Benefit Sharing (ABS) have moved on in recent years. An 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 moved to a far more complex series of disputes and challenges about the ways ABS should be implemented and enforced: 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 and sharing DNA sequences, and so on. Unfortunately, most of this debate is now crystallised into apparently intractable discussions such as implementing the certificates of origin, recognising traditional knowledge and traditional cultural expression as a form of intellectual property, and sovereignty for Indigenous peoples. Not everything in this new marketplace of ABS has been created de novo. Like most new entrants, ABS has disrupted existing legal and governance arrangements. This collection of chapters examines what is new, what has been changed, and what might be changed in response to the growing acceptance and prevalence of ABS of genetic resources. Biodiversity, Genetic Resources and Intellectual Property: Developments in Access and Benefit Sharing of Genetic Resources addresses current issues arising from recent developments in the enduring and topical debates about managing genetic resources through the ABS regime. The book explores key historical, doctrinal, and theoretical issues in the field, at the same time developing new ideas and perspectives around ABS. It shows the latest state of knowledge and will be of interest to researchers, academics, policymakers, and students in the fields of intellectual property, governance, biodiversity and conservation, sustainable development, and agriculture.

Author : Carmen Richerzhagen
Publisher : Routledge
Page : 286 pages
File Size : 41,5 Mb
Release : 2013-04-15
Category : Business & Economics
ISBN : 9781135025137

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Protecting Biological Diversity by Carmen Richerzhagen Pdf

During the last ten years the enormous global loss of biodiversity has received remarkable attention. Among the numerous approaches undertaken to stop or lessen this process, access and benefit-sharing (ABS), a market-based approach, has emerged as among the most prominent. In theory, ABS turns biodiversity and genetic resources from an open access good to a private good and creates a market for genetic resources. It internalizes the resources’ positive externalities by pricing the commercial values for research and development and makes users pay for it. Users’ benefits are shared with the resource holders and set incentives for the sustainable use and the conservation of biodiversity. Carmen Richerzhagen, however, finds that in practice there are significant questions about the effectiveness of the approach in the protection of biodiversity and about the fair and equitable sharing of benefits arising from the commercialization. Utilizing the empirical findings of three case studies of biodiversity-providing countries - Costa Rica, the Philippines and Ethiopia - and one case study of a community of user countries, the European Union (EU), Richerzhagen examines the effectiveness of ABS through the realization of its own objectives.

Author : Elisa Morgera,Elsa Tsioumani,Matthias Buck
Publisher : Martinus Nijhoff Publishers
Page : 443 pages
File Size : 44,9 Mb
Release : 2014-07-25
Category : Law
ISBN : 9789004217188

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Unraveling the Nagoya Protocol by Elisa Morgera,Elsa Tsioumani,Matthias Buck Pdf

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 : Charles Lawson,Michelle Rourke,Fran Humphries
Publisher : Taylor & Francis
Page : 247 pages
File Size : 50,5 Mb
Release : 2022-10-14
Category : Law
ISBN : 9781000730074

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Access and Benefit Sharing of Genetic Resources, Information and Traditional Knowledge by Charles Lawson,Michelle Rourke,Fran Humphries Pdf

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.

Author : K.P. Laladhas,Preetha Nilayangode,Oommen V. Oommen
Publisher : Springer
Page : 322 pages
File Size : 54,8 Mb
Release : 2016-11-15
Category : Science
ISBN : 9783319421629

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Biodiversity for Sustainable Development by K.P. Laladhas,Preetha Nilayangode,Oommen V. Oommen Pdf

Divided into three sections, this book explores the three main pillars of sustainable development, namely economy, environment and society, and their interlinkages at the regional level. The first section, Access and Benefit Sharing (ABS) for sustainable development, focuses on international agreements and national legislation, as well as the challenges in implementing ABS in e.g. India. In turn, the second section examines the process of forming Biodiversity Management Committees (BMCs) at the Local Self Government (LSG) level to promote environmental sustainability, highlighting local and community-level conservation initiatives that have led to the conservation of habitats and species. The third section addresses poverty eradication and food security. The case studies included demonstrate how the combination of traditional knowledge and modern techniques can enhance the productivity of traditional crop varieties, yielding greater benefits for communities. The aim of this volume is to disseminate the lessons learned from these case studies, as well as the findings from projects already in place, which can offer recommendations that can be applied to similar problems elsewhere in an attempt to find environmental solutions for sustainable development. Further, it introduces readers to new approaches to inclusive development, demonstrating that participation and grass root empowerment are key drivers of equitable and sustainable development.

Author : Manuel Ruiz,Ronnie Vernooy
Publisher : Routledge
Page : 240 pages
File Size : 50,5 Mb
Release : 2012-03-15
Category : Nature
ISBN : 9781136582172

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The Custodians of Biodiversity by Manuel Ruiz,Ronnie Vernooy Pdf

Globally, local and indigenous approaches to conserving biodiversity, crop improvement, and managing precious natural resources are under threat. Many communities have to deal with 'biopiracy,' for example. As well, existing laws are usually unsuitable for protecting indigenous and traditional knowledge and for recognizing collective rights, such as in cases of participatory plant breeding, where farmers, researchers and others join forces to improve existing crop varieties or develop new ones, based on shared knowledge and resources. This book addresses these issues. It outlines the national and international policy processes that are currently underway to protect local genetic resources and related traditional knowledge and the challenges these initiatives have faced. In particular these themes are addressed within the context of the Convention of Biological Diversity and the International Treaty on Plant Genetic Resources for Food and Agriculture. The authors broaden the policy and legal debates beyond the sphere of policy experts to include the knowledge-holders themselves. These are the 'custodians of biodiversity': farmers, herders and fishers in local communities. Their experience in sharing access and benefits to genetic resources is shown to be crucial for the development of effective national and international agreements. The book presents and analyzes this experience, including case studies from China, Cuba, Honduras, Jordan, Nepal, Peru and Syria. Copublished with the International Development Research Centre (IDRC).

Author : Daniel F. Robinson
Publisher : Routledge
Page : 216 pages
File Size : 42,9 Mb
Release : 2014-11-13
Category : Nature
ISBN : 9781134689521

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Biodiversity, Access and Benefit-Sharing by Daniel F. Robinson Pdf

The Nagoya Protocol to the Convention on Biological Diversity (CBD) is rapidly receiving signatures and ratifications. Many countries are preparing to implement the protocol through national research permit systems and/or biodiversity laws. Yet there is still considerable confusion about how to implement the Protocol, regarding access and benefit-sharing (ABS) procedures, and minimal experience in many countries. This book seeks to remedy this gap in understanding by analysing a number of ABS case studies in light of the Nagoya Protocol. The case studies are wide-ranging, with examples of plants for medicinal, cosmetic, biotech and food products from or for development in Australia, North Africa, Madagascar, Switzerland, Thailand, USA and Oceania. These will encourage countries to develop national systems which maximise their benefits (both monetary and non-monetary) towards conservation and support for local communities that hold traditional knowledge. In addition, the author analyses new expectations raised by the Nagoya Protocol, such as the encouragement of the development of community protocols by indigenous and local communities. As a result, stakeholders and policy-makers will be able to learn the steps involved in establishing ABS agreements, issues that arise between stakeholders, and the types of benefits that might be realistic.

Author : Evanson C. Kamau,Gerd Winter
Publisher : Routledge
Page : 530 pages
File Size : 53,9 Mb
Release : 2009-09-02
Category : Law
ISBN : 9781136574429

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Genetic Resources, Traditional Knowledge and the Law by Evanson C. Kamau,Gerd Winter Pdf

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.

Author : Morten Walløe Tvedt,Tomme R. Young
Publisher : IUCN
Page : 172 pages
File Size : 48,7 Mb
Release : 2007
Category : Convention on Biological Diversity
ISBN : 9782831709802

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Beyond Access by Morten Walløe Tvedt,Tomme R. Young Pdf

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 : Federica Cittadino
Publisher : BRILL
Page : 401 pages
File Size : 51,9 Mb
Release : 2019-08-12
Category : Law
ISBN : 9789004364400

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Incorporating Indigenous Rights in the International Regime on Biodiversity Protection by Federica Cittadino Pdf

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.

Author : Thomas Greiber
Publisher : IUCN
Page : 395 pages
File Size : 42,5 Mb
Release : 2012
Category : Electronic
ISBN : 9782831715292

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

Author : Bevis Fedder
Publisher : Routledge
Page : 230 pages
File Size : 51,9 Mb
Release : 2013-05-29
Category : Nature
ISBN : 9781134122158

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Marine Genetic Resources, Access and Benefit Sharing by Bevis Fedder Pdf

Access to genetic resources and Benefit Sharing (ABS) has been promoted under the Convention on Biological Diversity, with the aim of combining biodiversity conservation goals with economic development. However, as this book shows, since its inception in 1992, implementation has encountered multiple challenges and obstacles. This is particularly so in the marine environment, where interest in genetic resources for pharmaceuticals and nutrients has increased. This is partly because of the lack of clarity of terminology, but also because of the terms of the comprehensive law of the sea (UNCLOS) and transboundary issues of delineating ownership of marine resources. The author explains and compares relevant provisions and concepts under ABS and the law of the sea taking access, benefit sharing, monitoring, compliance, and dispute settlement into consideration. He also provides an overview of the implementation status of ABS-relevant measures in user states and identifies successful ABS transactions. A key unique feature of the book is to illustrate how biological databases can serve as the central scientific infrastructure to implement the global multilateral benefit sharing mechanism, proposed by the Nagoya Protocol. The research for this book was supported by both the Bremen International Graduate School for Marine Sciences (GLOMAR) and the International Research Training Group INTERCOAST – Integrated Coastal Zone and Shelf-Sea Research.

Author : Fabien Girard,Ingrid Hall,Christine Frison
Publisher : Routledge
Page : 361 pages
File Size : 41,9 Mb
Release : 2022-04-18
Category : Law
ISBN : 9781000593655

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Biocultural Rights, Indigenous Peoples and Local Communities by Fabien Girard,Ingrid Hall,Christine Frison Pdf

This volume presents a comprehensive overview of biocultural rights, examining how we can promote the role of indigenous peoples and local communities as environmental stewards and how we can ensure that their ways of life are protected. With Biocultural Community Protocols (BCPs) or Community Protocols (CPs) being increasingly seen as a powerful way of tackling this immense challenge, this book investigates these new instruments and considers the lessons that can be learnt about the situation of indigenous peoples and local communities. It opens with theoretical insights which provide the reader with foundational concepts such as biocultural diversity, biocultural rights and community rule-making. In Part Two, the book moves on to community protocols within the Access Benefit Sharing (ABS) context, while taking a glimpse into the nature and role of community protocols beyond issues of access to genetic resources and traditional knowledge. A thorough review of specific cases drawn from field-based research around the world is presented in this part. Comprehensive chapters also explore the negotiation process and raise stimulating questions about the role of international brokers and organizations and the way they can use BCPs/CPs as disciplinary tools for national and regional planning or to serve powerful institutional interests. Finally, the third part of the book considers whether BCPs/CPs, notably through their emphasis on "stewardship of nature" and "tradition", can be seen as problematic arrangements that constrain indigenous peoples within the Western imagination, without any hope of them reconstructing their identities according to their own visions, or whether they can be seen as political tools and representational strategies used by indigenous peoples in their struggle for greater rights to their land, territories and resources, and for more political space. This volume will be of great interest to students and scholars of environmental law, indigenous peoples, biodiversity conservation and environmental anthropology. It will also be of great use to professionals and policymakers involved in environmental management and the protection of indigenous rights. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license