Fair And Equitable Benefit Sharing In Agriculture Open Access

Author : Elsa Tsioumani
Publisher : Routledge
Page : 309 pages
File Size : 45,9 Mb
Release : 2020-07-16
Category : Business & Economics
ISBN : 9780429582288

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Fair and Equitable Benefit-Sharing in Agriculture (Open Access) by Elsa Tsioumani Pdf

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."

Author : Morten Walløe Tvedt,Tomme R. Young
Publisher : IUCN
Page : 172 pages
File Size : 42,6 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 : Charles Lawson,Michelle Rourke,Fran Humphries
Publisher : Taylor & Francis
Page : 247 pages
File Size : 40,9 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 : Thomas Greiber
Publisher : IUCN
Page : 395 pages
File Size : 46,5 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 : Elisa Morgera,Elsa Tsioumani,Matthias Buck
Publisher : Martinus Nijhoff Publishers
Page : 443 pages
File Size : 41,6 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 : Louisa Parks
Publisher : Routledge
Page : 209 pages
File Size : 55,7 Mb
Release : 2019-11-20
Category : Art
ISBN : 9780429582271

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Benefit-sharing in Environmental Governance by Louisa Parks Pdf

Taking a bottom-up perspective, this book explores local framings of a wide range of issues related to benefit-sharing, a growing concept in global environmental governance. Benefit-sharing in Environmental Governance draws on original case studies from South Africa, Namibia, Greece, Argentina, and Malaysia to shed light on what benefit-sharing looks like from the local viewpoint. These local-level case studies move away from the idea of benefit-sharing as defined by a single international organization or treaty. Rather, they reflect different situations where benefit-sharing has been considered, including agriculture, access to land and plants, wildlife management, and extractives industries. Common themes in the experiences of local communities form the basis for an exploration of spaces for local voices at the international level in the Convention on Biological Diversity (CBD), often argued to be the most open arena to non-state actors, and therefore vital to how local voices may be included at the global level. The book analyzes the decisions of the CBD parties to produce an in-depth reflection on how this arena builds and delimits spaces for the expression of local community themes, and paths for local community participation including community protocols. The book then situates the bottom-up findings in the wider debate about global civil society and deliberative democracy in environmental governance. This interdisciplinary book will be of great interest to students and scholars of environmental politics, environmental law, political ecology and global governance, as well as practitioners and policymakers involved in multilateral environmental agreements.

Author : Evanson C. Kamau,Gerd Winter
Publisher : Earthscan
Page : 529 pages
File Size : 42,5 Mb
Release : 2009
Category : Law
ISBN : 9781849770095

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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).

Author : Fabien Girard,Christine Frison
Publisher : Routledge
Page : 302 pages
File Size : 46,8 Mb
Release : 2018-03-09
Category : Law
ISBN : 9781351615891

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The Commons, Plant Breeding and Agricultural Research by Fabien Girard,Christine Frison Pdf

The joint challenges of population increase, food security and conservation of agrobiodiversity demand a rethink of plant breeding and agricultural research from a different perspective. While more food is undeniably needed, the key question is rather about how to produce it in a way that sustains biological diversity and mitigates climate change. This book shows how social sciences, and more especially law, can contribute towards reconfiguring current legal frameworks in order to achieving a better balance between the necessary requirements of agricultural innovation and the need for protection of agrobiodiversity. On the assumption that the concept of property can be rethought against the background of the 'right to include', so as to endow others with a common 'right to access' genetic resources, several international instruments and contractual arrangements drawn from the plant-breeding field (including the Convention on Biological Diversity, technology exchange clearing houses and open sources licenses) receive special consideration. In addition, the authors explore the tension between ownership and the free circulation and exchange of germplasm and issues such as genetic resources managed by local and indigenous communities, the ITPGRFA and participatory plant-breeding programmes. As a whole, the book demonstrates the relevance of the 'Commons' for plant breeding and agricultural innovation.

Author : Maria Tysiachniouk,Andrey N Petrov ,Violetta Gassiy
Publisher : MDPI
Page : 214 pages
File Size : 50,6 Mb
Release : 2020-12-29
Category : Science
ISBN : 9783039361649

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Benefit Sharing in the Arctic by Maria Tysiachniouk,Andrey N Petrov ,Violetta Gassiy Pdf

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.

Author : Elisa Morgera
Publisher : Oxford University Press
Page : 305 pages
File Size : 40,9 Mb
Release : 2024-05-09
Category : Law
ISBN : 9780192606730

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Fair and Equitable Benefit-sharing in International Law by Elisa Morgera Pdf

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 : Food and Agriculture Organization of the United Nations
Publisher : Food & Agriculture Org.
Page : 92 pages
File Size : 40,5 Mb
Release : 2021-09-01
Category : Science
ISBN : 9789251348772

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Survey of access and benefit-sharing country measures accommodating the distinctive features of genetic resources for food and agriculture and associated traditional knowledge by Food and Agriculture Organization of the United Nations Pdf

The Commission on Genetic Resources for Food and Agriculture, at its Seventeenth Regular Session, requested its Secretary to prepare for review by the intergovernmental technical working groups on animal, aquatic, forest and plant genetic resources to produce an up-to-date survey of existing legislative, administrative and policy approaches, including best practices, for ABS for the different subsectors of GRFA and traditional knowledge associated with GRFA held by indigenous peoples and local communities, with the aim of identifying typical approaches and lessons learned from their implementation, as well as challenges and possible solutions. The current survey comprises a baseline desktop review of legislation, policy and literature. It provides a review of how countries address the distinctive features of GRFA and TKGRFA based on the letter of their ABS legislative, administrative and policy measures rather than on how these measures have been implemented in practice. It therefore does not provide an analysis of the state of implementation, the challenges involved and possible solutions to these challenges. As such, it aims to provide a basis for future empirical research on how ABS measures work in practice for GRFA subsectors. A specific objective is to provide a typology of legislative, administrative and policy measures applying to ABS for GRFA and TKGRFA.

Author : Manuel Ruiz Muller
Publisher : Routledge
Page : 138 pages
File Size : 48,8 Mb
Release : 2015-09-16
Category : Law
ISBN : 9781317624165

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Genetic Resources as Natural Information by Manuel Ruiz Muller Pdf

Demonstrating the shortcomings of current policy and legal approaches to access and benefit-sharing (ABS) in the Convention on Biological Diversity (CBD), this book recognizes that genetic resources are widely distributed across countries and that bilateral contracts undermine fairness and equity. The book offers a practical and feasible regulatory alternative to ensure the goal of fairness and equity is effectively and efficiently met. Through a legal analysis that also incorporates historic, economic and sociological perspectives, the book argues that genetic resources are not tangible resources but information. It shows that the existing preference for bilateralism and contracts reflects resistance on the part of many of the stakeholders involved in the CBD process to recognize them as such. ABS issues respond very well to the economics of information, yet as the author explains, these have been either sidelined or overlooked. At a time when the Nagoya Protocol on ABS has renewed interest in feasible policy options, the author provides a constructive and provocative critique. The institutional, policy and regulatory framework constitute "bounded openness" under which fairness and equity emerge.

Author : Santiago Carrizosa
Publisher : IUCN
Page : 332 pages
File Size : 46,9 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 : Michel P. Pimbert
Publisher : IIED
Page : 106 pages
File Size : 52,7 Mb
Release : 2011
Category : Agrobiodiversity
ISBN : 9781843698098

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Participatory Research and On-farm Management of Agricultural Biodiversity in Europe by Michel P. Pimbert Pdf

Author : Brendan Coolsaet,Fulya Batur,Arianna Broggiato,John Pitseys,Tom Dedeurwaerdere
Publisher : Hotei Publishing
Page : 434 pages
File Size : 44,5 Mb
Release : 2015-04-23
Category : Law
ISBN : 9789004293212

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Implementing the Nagoya Protocol by Brendan Coolsaet,Fulya Batur,Arianna Broggiato,John Pitseys,Tom Dedeurwaerdere Pdf

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.