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This book studies the questions of how and to what extent the Nagoya Protocol on Access and Benefit-Sharing (ABS) can be interpreted and implemented in light of international human rights law, with a sharpened focus on Indigenous Peoples and local communities. The complementarity thesis is built upon the understanding that ABS and human rights should not and cannot be isolated from one another in order to achieve their respective objectives. A mutually supportive approach to these two bodies of international law is articulated throughout the chapters, covering a wide range of international treaties and ‘soft’ instruments, as well as the practices of the United Nations, international treaty bodies, courts, other international organizations and sometimes NGOs. Legal researchers, legislators and policymakers, human rights practitioners and indeed anyone interested in the development of a more coherent and integrated system of international ABS framework will find this book helpful, with its succinct coverage of current ABS and human rights laws and practices, their pragmatic implications and possible ways of integration forward.
REDD+ operates to reorganise social relations and to establish new forms of global authority over forests in the Global South.
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.
This book offers a comprehensive analysis of the legal issues around intangible cultural heritage (also known as traditional cultural expressions or folklore). It explores both institutional and substantive responses the law offers to the safeguarding of intangible heritage, relying heavily on critiques internal and external to the law. These external critiques primarily come from the disciplines of anthropology and heritage studies. Intangible cultural heritage is safeguarded on three different levels: international, regional, and national. At the international level, the foremost instrument is the specific UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage (2003). A...
Once the exclusive prerogative of domaine réservé, landscape has gained increasing importance in international law in recent years. Since the introduction of cultural landscapes within the UNESCO World Heritage Convention, and particularly since the adoption of the European Landscape Convention (ELC), emphasis has shifted beyond a scenic, preservationist approach towards a more dynamic, human-centred one. The focus is not only on outstanding landscapes, but also on the everyday and degraded landscapes where most people live and work. Landscape is land shaped by people, after all, and its protection, management and planning have a number of implications for democracy, human rights and spati...
This book focuses on the often intertwined industries of coffee and tea, using accounts of single producer communities to highlight the transformation from plantation-style colonial agriculture towards systems that now claim to produce social and environmental benefits from the farm to the cup. Focusing on the dynamics of farmers' experiences producing coffee and tea ethically and sustainably at origin, the book shows how these values are transmitted and reinforced throughout the value chain. Exploring tandem case studies of fair trade cooperatives in Guatemala and Sri Lanka, it provides an insight into the creation of more sustainable value chains from producer to consumer in the global mar...
This book examines, discusses and shares over 30 years’ worth of research from the Allerton Project, a research and demonstration farm in the UK which has been carrying out applied interdisciplinary research to explore and explain the need to adapt the management of farmland for environmental protection and to provide public benefits. Designed to provide guidance, feedback and recommendations to farmers, practitioners and policymakers, the Allerton Project is an exceptionally well-documented case study of lowland agricultural land management which has the purpose of meeting multiple objectives. This book draws on the wealth of knowledge built over the past 30 years and unveils and clarifie...
Carolin Anthes investigates how and why the Food and Agriculture Organization of the United Nations (FAO) struggles with systematically integrating a right to food approach in its operations. She analyzes multi-dimensional institutional roadblocks that prevent human rights from being fully mainstreamed. These barriers are shaped by a powerful state of fragmentation and disconnection: a silo culture. The book also offers valuable insights which go beyond the FAO and suggests a fairly unconventional avenue for systemic organizational change in (international) public administrations.
This book explores the transnational legal infrastructure for dispute resolution in transnational securities transactions. It discusses the role of law and dispute resolution in securities transactions, the types of disputes arising from them, and the institutional and legal aspects of dispute resolution, both generally and regarding aggregate litigation. It illustrates different dispute resolution systems and aggregate litigation methods, and examines the legal issues of dispute resolution arising from transnational securities transactions. In addition, the book proposes two systems of dispute resolution for transnational securities transactions depending on the type of dispute: collective redress through arbitration and a network of alternative dispute resolution systems.
This is an open access title available under the terms of a CC BY-NC-ND 4.0 License. It is free to read, download and share on Elgaronline.com. This incisive Research Handbook addresses the growing recognition within the international law community that natural resource governance and environmental protection are crucial aspects of peace processes, both as a security imperative and as an opportunity for peacebuilding. Examining the impact of international normative and institutional frameworks on environmental peacebuilding, this Research Handbook features contributions from distinguished experts and global case studies on integrated legal approaches to the governance of natural resources.