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Indigenous Peoples Consent and Benefit Sharing

Indigenous Peoples  Consent and Benefit Sharing Author Rachel Wynberg
ISBN-10 9048131235
Release 2009-09-30
Pages 363
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Indigenous Peoples, Consent and Benefit Sharing is the first in-depth account of the Hoodia bioprospecting case and use of San traditional knowledge, placing it in the global context of indigenous peoples’ rights, consent and benefit-sharing. It is unique as the first interdisciplinary analysis of consent and benefit sharing in which philosophers apply their minds to questions of justice in the Convention on Biological Diversity (CBD), lawyers interrogate the use of intellectual property rights to protect traditional knowledge, environmental scientists analyse implications for national policies, anthropologists grapple with the commodification of knowledge and, uniquely, case experts from Asia, Australia and North America bring their collective expertise and experiences to bear on the San-Hoodia case.



Benefit Sharing

Benefit Sharing Author Doris Schroeder
ISBN-10 9789400762053
Release 2013-05-31
Pages 234
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Biomedical research is increasingly carried out in low- and middle-income countries. International consensus has largely been achieved around the importance of valid consent and protecting research participants from harm. But what are the responsibilities of researchers and funders to share the benefits of their research with research participants and their communities? After setting out the legal, ethical and conceptual frameworks for benefit sharing, this collection analyses seven historical cases to identify the ethical and policy challenges that arise in relation to benefit sharing. A series of recommendations address possible ways forward to achieve justice for research participants in low- and middle-income countries.



The 2010 Nagoya Protocol on Access and Benefit sharing in Perspective

The 2010 Nagoya Protocol on Access and Benefit sharing in Perspective Author Elisa Morgera
ISBN-10 9789004217201
Release 2012-11-21
Pages 584
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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.



Unraveling the Nagoya Protocol

Unraveling the Nagoya Protocol Author Elisa Morgera
ISBN-10 9789004217188
Release 2014-07-25
Pages 444
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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.



Poor People s Knowledge

Poor People s Knowledge Author J. Michael Finger
ISBN-10 9780821383698
Release 2004-01-29
Pages 300
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How can we help poor people earn more from their knowledge rather than from their sweat and muscle alone? This book is about increasing the earnings of poor people in poor countries from their innovation, knowledge, and creative skills. Case studies look at the African music industry; traditional crafts and ways to prevent counterfeit crafts designs; the activities of fair trade organizations; biopiracy and the commercialization of ethnobotanical knowledge; the use of intellectual property laws and other tools to protect traditional knowledge. The contributors' motivation is sometimes to maintain the art and culture of poor people, but they recognize that except in a museum setting, no traditional skill can live on unless it has a viable market. Culture and commerce more often complement than conflict in the cases reviewed here. The book calls attention to the unwritten half of the World Trade Organization's Agreement on the Trade Related Aspects of Intellectual Property (TRIPS). TRIPS is about knowledge that industrial countries own, and which poor people buy. This book is about knowledge that poor people in poor countries generate and have to sell. It will be of interest to students and scholars of international trade and law, and to anyone with an interest in ways developing countries can find markets for cultural, intellectual, and traditional knowledge.



Contracting for ABS

Contracting for ABS Author Shakeel Bhatti
ISBN-10 9782831709826
Release 2009
Pages 307
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The designation of geographical entities in this book, and the presentation of the material, do not imply the expression of any opinion whatsoever on the part of IUCN or the German Federal Ministry for Economic Cooperation and Development (BMZ) concerning the legal status of any country, territory, or area, or of its authorities, or concerning the delimitation of its frontiers or boundaries.



Digitisation of Culture Namibian and International Perspectives

Digitisation of Culture  Namibian and International Perspectives Author Dharm Singh Jat
ISBN-10 9789811076978
Release 2018-05-09
Pages 321
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This book explores the digitization of culture as a means of experiencing and understanding cultural heritage in Namibia and from international perspectives. It provides various views and perspectives on the digitization of culture, the goal being to stimulate further research, and to rapidly disseminate related discoveries. Aspects covered here include: virtual and augmented reality, audio and video technology, art, multimedia and digital media integration, cross-media technologies, modeling, visualization and interaction as a means of experiencing and grasping cultural heritage. Over the past few decades, digitization has profoundly changed our cultural experience, not only in terms of digital technology-based access, production and dissemination, but also in terms of participation and creation, and learning and partaking in a knowledge society. Computing researchers have developed a wealth of new digital systems for preserving, sharing and interacting with cultural resources. The book provides important information and tools for policy makers, knowledge experts, cultural and creative industries, communication scientists, professionals, educators, librarians and artists, as well as computing scientists and engineers conducting research on cultural topics.



Sharing Benefits from the Coast

Sharing Benefits from the Coast Author Rachel Wynberg
ISBN-10 1775820068
Release 2014-02-01
Pages 206
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Coastal resources such as mining, fisheries, and tourism are vital for communities in developing countries, many of which live in abject poverty. Yet global patterns indicate growing levels of economic inequality between the custodians of these resources and the people who exploit them, as well as an increasing incidence in poverty. Drawing from empirical research in South African and Mozambican coastal communities, this book aims to deepen our knowledge about coastal resource use, who benefits and who loses and in what circumstances, why benefits and losses are distributed in the way that they are, the main blockages to greater equity, and strategies to enhance more equitable benefit sharing. These findings have relevance and application for coastal livelihoods, rural governance and resource sustainability across a world in which community rights are increasingly undermined through land grabbing, unequal power relations, and externally driven development interventions.



Drafting Successful Access and Benefit sharing Contracts

Drafting Successful Access and Benefit sharing Contracts Author Tomme Rosanne Young
ISBN-10 9789004356573
Release 2017-10-30
Pages 428
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Drafting Successful Access and Benefit-sharing Contracts gives an insightful and profound analysis of how contracts should be drafted so that biotechnology users and providers of genetic resources get access and become bound to share benefits from use of biological diversity.



Ratio Legis

Ratio Legis Author Verena Klappstein
ISBN-10 9783319742717
Release 2018-05-02
Pages 205
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The book is dedicated to the theoretical problems concerning ratio legis. In the contexts of legal interpretation and legal reasoning, the two most important intellectual tools employed by lawyers, ratio legis would seem to offer an extremely powerful argument. Declaring the ratio legis of a statute can lead to a u-turn argumentation throughout the lifespan of the statute itself – in parliament, or in practice during court sessions, when it is tested against the constitution. Though the ratio legis argument is widely used, much about it warrants further investigation. On the general philosophical map there are many overlapping areas that concern different approaches to human rationality and to the problems of practical reasoning. Particular problems with ratio legis arise in connection with different perspectives on legal philosophy and theory, especially in terms of the methods that lawyers use for legal interpretation and argumentation. These problems can be further subdivided into particular aspects of activities undertaken by lawyers and officials who use the ratio legis in their work, and the underlying theories. In short, this book examines what ratio legis is, what it could be, and its practical implications.



Water Policy in Chile

Water Policy in Chile Author Guillermo Donoso
ISBN-10 9783319767024
Release 2018-04-27
Pages 224
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This book offers a detailed examination of the main sources of Chile’s water, its principle consumers, the gap between supply and demand, hydrological droughts, and future projected impacts of climate change. It describes, analyzes and evaluates the performance of water policies, laws and institutions, identifies the main challenges that Chile needs to face and derives lessons learnt from Chile’s reform experience. Expert contributors discuss such topics as Chile’s water policy, and the reasoning which explains its policy reform. The book presents and evaluates the performance of the legal and institutional framework of water resources. It also describes efforts to meet actual demands for water by augmenting supplies with groundwater management, waste water re-use and desalination and improve the state of water ecosystems. The last chapter presents the editor’s assessment and conclusions. The case of Chile is illustrative of a transition from command and control to market based management policies, where economic incentives play a significant role in water management.



The Emergence of Indigenous Peoples

The Emergence of Indigenous Peoples Author Rodolfo Stavenhagen
ISBN-10 9783642341441
Release 2012-11-08
Pages 157
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This is the second part of a trilogy published in the Springer Briefs on Pioneers in Science and Practice on the occasion of the 80th birthday of Rodolfo Stavenhagen, a distinguished Mexican sociologist and professor emeritus of El Colegio de Mexico. Rodolfo Stavenhagen wrote this collection of six essays on The Emergence of Indigenous Peoples between 1965 and 2009. These widely discussed classic texts address: Classes, Colonialism and Acculturation (1965); Indigenous Peoples: An Introduction (2009); The Return of the Native: The Indigenous Challenge in Latin America (2002); Indigenous Peoples in Comparative Perspective (2004); Mexico’s Unfinished Symphony: The Zapatista Movement (2000); and Struggle and Resistance: Mexico’s Indians in Transition (2006). This volume discusses the emergence of indigenous peoples as new social and political actors at the national and international level. These texts deal with human rights, especially during the years he the author served as United Nations special rapporteur on the rights of indigenous peoples.



Equitable Access to Human Biological Resources in Developing Countries

Equitable Access to Human Biological Resources in Developing Countries Author Roger Chennells
ISBN-10 9783319197258
Release 2015-07-17
Pages 197
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The main question explored by the book is: How can cross-border access to human genetic resources, such as blood or DNA samples, be governed in such a way as to achieve equity for vulnerable populations in developing countries? The book situates the field of genomic and genetic research within global health and research frameworks, describing the concerns that have been raised about the potential unfairness in exchanges during recent decades. Access to and sharing in the benefits of human biological resources are aspects not regulated by any international legal framework such as the Convention on Biological Diversity, which applies only to the exchange of plants, animals and microorganisms, as well as to associated traditional knowledge. Examples of genetic research perceived as exploitative are provided in order to illustrate the legal vacuum concerning the global governance of human genetic resources. The main conclusions drawn from the legal and ethical analysis are: • Benefit sharing is crucial in order to avoid the exploitation of developing countries in human genetic research. • With functioning research ethics committees, undue inducement is less of a concern in genetic research than in other areas of medical research (e.g. clinical trials). • Concerns remain over research involving indigenous populations; accordingly, recommendations are provided. In drawing these conclusions, the book addresses in detail a highly pressing topic in global bioethics and international law. In this regard, it combines bioethical arguments with jurisprudence, in particular with reference to the law of equity and the legal concepts of duress (coercion), unconscionable dealing, and undue inducement.



The EU General Data Protection Regulation GDPR

The EU General Data Protection Regulation  GDPR Author Paul Voigt
ISBN-10 9783319579597
Release 2017-08-07
Pages 383
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This book provides expert advice on the practical implementation of the European Union’s General Data Protection Regulation (GDPR) and systematically analyses its various provisions. Examples, tables, a checklist etc. showcase the practical consequences of the new legislation. The handbook examines the GDPR’s scope of application, the organizational and material requirements for data protection, the rights of data subjects, the role of the Supervisory Authorities, enforcement and fines under the GDPR, and national particularities. In addition, it supplies a brief outlook on the legal consequences for seminal data processing areas, such as Cloud Computing, Big Data and the Internet of Things.Adopted in 2016, the General Data Protection Regulation will come into force in May 2018. It provides for numerous new and intensified data protection obligations, as well as a significant increase in fines (up to 20 million euros). As a result, not only companies located within the European Union will have to change their approach to data security; due to the GDPR’s broad, transnational scope of application, it will affect numerous companies worldwide.



Intellectual Property in Molecular Medicine

Intellectual Property in Molecular Medicine Author Salim Mamajiwalla
ISBN-10 1621820831
Release 2015-01-31
Pages 300
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"As universities increasingly spin off biotech companies and academics work more closely with these companies and the pharma industry, it is essential that they gain an understanding of intellectual property law and patenting. This book introduces the basic ideas and discusses how they apply to biomedical research and product development in the age of genomics"--



Peasants Culture and Indigenous Peoples

Peasants  Culture and Indigenous Peoples Author Rodolfo Stavenhagen
ISBN-10 9783642341533
Release 2012-11-07
Pages 165
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This last volume in a trilogy published on the occasion of the 80th birthday of Rodolfo Stavenhagen, professor emeritus of El Colegio de Mexico, includes eight essays on Peasants, Culture and Indigenous Peoples: Critical Issues; Basic Needs, Peasants and the Strategy for Rural Development (1976); Cultural Rights: a Social Science Perspective (1998); The Structure of Injustice: Poverty, Marginality, Exclusion and Human Rights (2000); What Kind of Yarn? From Color Line to Multicolored Hammock: Reflections on Racism and Public Policy (2001); The United Nations Special Rapporteur on the Rights of Indigenous Peoples (2012); A Report on the Human Rights Situation of Indigenous Peoples in Asia (2007); Report on the Impact of Megaprojects on the Rights of Indigenous Peoples (2003); and Study Regarding the Best Practices to Implement the Recommendations of the Special Rapporteur (2007). These texts address human rights issues, especially those that arose when Stavenhagen was servinged as United Nations special rapporteur on the rights of indigenous peoples.



Plant Genetic Resources and Traditional Knowledge for Food Security

Plant Genetic Resources and Traditional Knowledge for Food Security Author Romesh Kumar Salgotra
ISBN-10 9789811000607
Release 2016-01-22
Pages 266
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With exponentially increasing population across the globe and shrinking resources, the concern of food security is looming large over the world community. To catch up with the fierce pace of growth in all the sectors of development, ensuring uninhibited availability of food resources is a prime agenda. The growing global demand for food, feed, fiber and bio-based renewable materials, such as bio-fuels, is changing the conditions for genetic resources development and bio-resource production worldwide. The crucial role in ensuring food security is played by the agro-based industries and enterprises. Advances in plant genetic resources coupled with traditional knowledge of the local tribes and native practices facilitate achievement of food security.