The 2010 Nagoya Protocol On Access And Benefit Sharing In Perspective

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.

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.

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.

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.

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.

Sharing biological resources-critical for new medicines and vaccines-has declined as countries and scientists dispute rights over research.

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.

Genetic resources are not only component of nature that need be protected but also has economic, social, cultural values for development. Approaching genetic resources under those two aspects of "conservation" and "development" one of three objectives of Convention on Biological Diversity (CBD) and the goal of the Nagoya Protocol is "Access to Genetic Resources and Fair and Equitable Sharing of Benefits Arising from Their Utilization.The Nagoya Protocol adopted in October 2010 by the 10th Conference of the parties to the CBD, is a landmark for the international governance of biodiversity and a milestone in the development of the international regime governing biodiversity. However, the Protocol has been criticized as "imperfect" and "incomplete" because of ambiguities, gaps and generalities. Each country that becomes a Party to the Protocol will need to develop national legislation to meet its obligations under the Protocol, filling in gaps with national legislation in accordance with its particular situation. The integration of the Protocol into national law is important in both meanings of the first process and the bridge of putting the legal provisions of the Protocol into practice. However, there are many problems that need defined and analyzed as the bases to find solutions.The first part of this thesis analysis of problems of the Protocol in the international context, relations with the others relevant international treaties and all the contents, intrinsic problems of the Protocol in both legal and technical, scientific aspects. The part 2 of the thesis clarifies all related legal problems of integration into national law such as weakness of international law, legal points of views : dualism and momism, non-self executive treaties, the principles, methods, measures and other factors. Then, it provides case studies of national laws of Brazil, South Africa, France and takes a closer look in to practice of national legislation of Vietnam.

This book comprises chapters by leading international authors analysing the interface between intellectual property and foreign direct investment, development, and free trade. The authors search for a balance between the conflicting interests that inherently coexist in intellectual property law. The chapters dig deep into the subjects and notions that have become central in international intellectual property legal developments: i) flexibility, public interest and policy-space for implementation; ii) interfaces between the intellectual property regime and other legal regimes; and iii) the development of international intellectual property law and its influence on national legal orders, which includes the implementation of intellectual property undertakings.