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Marine Genetic Resources Access and Benefit Sharing

Marine Genetic Resources  Access and Benefit Sharing Author Bevis Fedder
ISBN-10 9781134122226
Release 2013-05-29
Pages 232
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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.



Marine Genetic Resources Access and Benefits Sharing

Marine Genetic Resources  Access  and Benefits Sharing Author Bevis Fedder
ISBN-10 0415830559
Release 2013
Pages 216
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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.



Routledge Handbook of Biodiversity and the Law

Routledge Handbook of Biodiversity and the Law Author Charles R. McManis
ISBN-10 9781315530833
Release 2017-11-27
Pages 422
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This volume provides a reference textbook and comprehensive compilation of multifaceted perspectives on the legal issues arising from the conservation and exploitation of non-human biological resources. Contributors include leading academics, policy-makers and practitioners reviewing a range of socio-legal issues concerning the relationships between humankind and the natural world. The Routledge Handbook of Biodiversity and the Law includes chapters on fundamental and cutting-edge issues, including discussion of major legal instruments such as the Convention on Biological Diversity and the Nagoya Protocol. The book is divided into six distinct parts based around the major objectives which have emerged from legal frameworks concerned with protecting biodiversity. Following introductory chapters, Part II examines issues relating to conservation and sustainable use of biodiversity, with Part III focusing on access and benefit-sharing. Part IV discusses legal issues associated with the protection of traditional knowledge, cultural heritage and indigenous human rights. Parts V and VI focus on a selection of intellectual property issues connected to the commercial exploitation of biological resources, and analyse ethical issues, including viewpoints from economic, ethnobotanical, pharmaceutical and other scientific industry perspectives.



Genetic Resources Traditional Knowledge and the Law

Genetic Resources  Traditional Knowledge and the Law Author Evanson C. Kamau
ISBN-10 9781849770095
Release 2009-09-02
Pages 528
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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.



Implementing the Nagoya Protocol

Implementing the Nagoya Protocol Author Brendan Coolsaet
ISBN-10 9789004293212
Release 2015-04-13
Pages 434
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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.



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 9789004217195
Release 2012-11-21
Pages 541
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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.



The Global Governance of Genetic Resources

The Global Governance of Genetic Resources Author Florian Rabitz
ISBN-10 9781351984690
Release 2017-04-28
Pages 196
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Multi-institutional governance architectures are increasingly common in world politics, yet how do they evolve over time? This book develops a fresh conceptual approach by distinguishing two main types of institutional change and by proposing the strategic context within which governments make decisions regarding international cooperation as the main driving factor. Applying this theoretical framework to the case of genetic resources, it shows how the scope for change has persistently been circumscribed by asymmetries in the global biotechnology sector. Taking a broad view of the underlying technological, legal and economic factors, the book analyzes the formation of international regimes linking access to genetic resources to the fair and equitable sharing of the benefits arising out of their utilization. Covering negotiations in the areas of seeds, intellectual property rights, pandemic influenza viruses and marine genetic resources, the author shows how governments have persistently faced the problem of ensuring cooperation among actors with widely differing interests. This led them to opt for a strategy of institutional layering, whereby new international instruments are gradually built upon pre-existing ones. In addition to giving a comprehensive overview of the international governance of Access and Benefit-sharing within the wider context of modern biotechnology, the argument developed here enables a new perspective for studying institutional change in multi-institutional governance architectures.



Accessing Biodiversity and Sharing the Benefits

Accessing Biodiversity and Sharing the Benefits Author Santiago Carrizosa
ISBN-10 9782831708164
Release 2004-01-01
Pages 315
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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.



Beyond Access

Beyond Access Author Morten Walløe Tvedt
ISBN-10 9782831709802
Release 2007-01-01
Pages 148
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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.



Research and Development on Genetic Resources

Research and Development on Genetic Resources Author Evanson Chege Kamau
ISBN-10 9781317511182
Release 2015-06-05
Pages 370
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National implementation of the Convention on Biological Diversity (CBD) provisions has yielded enough challenges for providers and users of genetic resources and associated traditional knowledge alike. The Nagoya Protocal brings novel ideas for resolving the challenges plaguing the Access and Benefit-Sharing (ABS) process in general and non-commercial research in particular. This is one of the first books to address research cooperation and facilitated access for non-commercial biodiversity research. It uniquely offers concrete and practicable solutions based on experiences of researchers and administrative officials with ABS, and on the interpretation of the Nagoya Protocol on how free and lively taxonomic research can be ensured while at the same time observing obligations of obtaining prior informed consent and sharing of benefits. This book will be useful to students of International Environmental Law, International Biodiversity Law, Intellectual Property Law, Climate Law and Law of Indigenous Populations. With foreword from Executive Secretary CBD, Braulio Ferreira de Souza Dias.



Microbial Resources

Microbial Resources Author Ipek Kurtböke
ISBN-10 9780128051405
Release 2017-03-31
Pages 354
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Microbial Resources: From Functional Existence in Nature to Applications provides an exciting interdisciplinary journey through the rapidly developing field of microbial resources, including relationships to aspects of microbiology. Covers the functional existence of microorganisms in nature, as well as the transfer of this knowledge for industrial and other applications. Examines the economic perspective of revealing the potential value of microbial material and figuring it into socio-economic value; legal perspectives; and how to organize a fair allotment of socio-economic benefits to all stakeholders who have effectively contributed to the preservation, study, and exploitation of microbiological material. Covers aspects of foundational information related to microbiology, microbial ecology, and diversity, as well as new advances in microbial genomics Provides information on the utilization of microbial resources in biotechnology Covers legislative issues and related law in biodiscovery Fills a need for a very broad audience and is a good resource for microbiologists seeking to know the extent of microbiology approaches, the policies associated with microbiology, and potential career paths for researchers Has significant added value due to the inclusion of comprehensive coverage of the biology, ecology, biochemistry and international legislation surrounding these applications



The Custodians of Biodiversity

The Custodians of Biodiversity Author Manuel Ruiz
ISBN-10 9781136582172
Release 2012-03-15
Pages 224
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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).



Genetic Resources as Natural Information

Genetic Resources as Natural Information Author Manuel Ruiz Muller
ISBN-10 9781317624165
Release 2015-09-16
Pages 138
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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.



African Perspectives on Genetic Resources

African Perspectives on Genetic Resources Author Kent Nnadozie
ISBN-10 1585760684
Release 2003-01-01
Pages 347
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African Perspectives on Genetic Resources has been writing in one form or another for most of life. You can find so many inspiration from African Perspectives on Genetic Resources also informative, and entertaining. Click DOWNLOAD or Read Online button to get full African Perspectives on Genetic Resources book for free.



The Marine Microbiome

The Marine Microbiome Author Lucas J. Stal
ISBN-10 9783319330006
Release 2016-06-03
Pages 498
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This book describes the state-of-the-art concerning the ‘marine microbiome’ and its uses in biotechnology. The first part discusses the diversity and ecology of marine microorganisms and viruses, including all three domains of life: Bacteria, Archaea, and Eukarya. It discusses whether marine microorganisms exist and, if so, why they might be unique. The second part presents selected marine habitats, their inhabitants and how they influence biogeochemical cycles, while the third discusses the utilization of marine microbial resources, including legal aspects, dissemination, and public awareness. The marine microbiome is the total of microorganisms and viruses in the ocean and seas and in any connected environment, including the seafloor and marine animals and plants. The diversity of microbial life remains unquantified and largely unknown, and could represent a hidden treasure for human society. Accordingly, this book is also intended to connect academics and industry, providing essential information for microbiologists from both fields.



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.



International Environmental Law in the Asia Pacific

International Environmental Law in the Asia Pacific Author Ben Boer
ISBN-10 9789041107060
Release 1998-02-18
Pages 364
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The purpose of this book is to assess the development of international environmental law in the Asia Pacific. Consideration is given to the impact upon the region of global, regional and subregional environmental law. An assessment is also undertaken of how certain states, and groups of states, have responded domestically and within their own subregions to these developments. For the purposes of this book the Asia Pacific is defined as essentially the states which comprise East and Southeast Asia, Australia, New Zealand and the island states of the Southwest Pacific. Occasional consideration is also given to the states of South Asia.