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Implementing the Nagoya Protocol
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
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.
Research Handbook on International Marine Environmental Law
This wholly new edition of the Handbook provides an authoritative examination of international law relating to the protection of the marine environment. Chapters critically engage with current legal issues surrounding activities that harm the marine environment, including marine pollution, seabed activities, exploitation of marine biodiversity and climate change, and with the different legal tools and mechanisms, including environmental impact assessments and compliance and dispute settlement mechanisms, used to protect the marine environment. New chapters also address legal issues relating to the role of technology and marine scientific research as well as the application of principles such as public participation. This title contains one or more Open Access chapters.
Common Pools of Genetic Resources
The Convention on Biological Diversity (CBD) strives for the sustainable and equitable utilization of genetic resources, with the ultimate goal of conserving biodiversity. The CBD and the Nagoya Protocol which has since been elaborated suggest a bilateral model for access to genetic resources and the sharing of benefits from their utilization. There is concern that the bilateral exchange "genetic resource for benefit sharing" could have disappointing results because providers are left out of the process of research and development, benefits are difficult to be traced to sources, and providers owning the same resource may complain of being excluded from benefit sharing. Thus, the CBD objectiv...
Conserving Biodiversity in Areas beyond National Jurisdiction
Since 2006 the United Nations General Assembly (UNGA) has been discussing the question of the conservation and sustainable use of biodiversity in areas beyond national jurisdiction. Following the issues raised by the Ad Hoc Working Group (2006 – 2015) and the Preparatory Commission (2016 – 2017) in 2017 the UNGA agreed to convene an intergovernmental conference to discuss these issues. Conserving Biodiversity in Areas beyond National Jurisdiction, edited by David Freestone, brings together a collection of essays covering some of the key issues involved in these debates. The essays are contributed by a number of distinguished scholars and practitioners – many of whom are involved in the UNGA negotiations – and are a useful reference for actors involved in the negotiations as well as for practitioners, scholars, and students following the process.
Research and Development on Genetic Resources
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.
Governing Marine Living Resources in the Polar Regions
Bringing together leading scholars from across a diverse range of disciplines, this unique book examines a key question: How can we best conserve marine living resources in the polar regions, where climate change effects and human activities are particularly pressing?
International Law and Marine Areas beyond National Jurisdiction
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.
Intellectual Property and the Design of Nature
Intellectual property law has been interacting with nature for over two centuries. Despite this long history, this relationship has largely been ignored. Intellectual Property and the Design of Nature fills this gap by bringing together scholars from different disciplines to examine the important role that nature plays in intellectual property law. Based on the idea that many contemporary issues require a better understanding of these historical interactions, the book reflects on the ways intellectual property law has engaged with and understood nature in the past. The varied contributions show how the relationship between nature and intellectual property law is often more complex, permeable, and porous than is commonly recognized. Intellectual Property and the Design of Nature demonstrates the complex and changing role that nature has played in the history of intellectual property law. Each of the chapters casts a new light on these connections. A compelling read for everyone interested in exploring new perspectives in the field of intellectual property.
The Continental Shelf Beyond 200 Nautical Miles
Under the United Nations Law of the Sea Convention, States have sovereign rights over the resources of their continental shelf out to 200 nautical miles from the coast. Where the physical shelf extends beyond 200 nautical miles, States may exercise rights over those resources to the outer limits of the continental shelf. More than 80 States may be entitled to claim sovereign rights over their continental shelf where it extends beyond 200 nautical miles from their coast, and the Commission on the Limits of the Continental Shelf is currently examining many of these claims. This book examines the nature of the rights and obligations of coastal States in this area, with a particular focus on the...
