Download or read book Accessing Biological Resources written by Natalie P. Stoianoff and published by Kluwer Law International B.V.. This book was released on 2004-01-01 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Stoianoff (law, University of Wollongong, Australia) collects contributions from lawyers, scientists, and policy makers on issues related to the use of biological and genetic resources for commercial and scientific purposes. While emphasis is on the Convention on Biological Diversity and the Interna.
Download or read book Accessing Biodiversity and Sharing the Benefits written by Santiago Carrizosa and published by IUCN. This book was released on 2004 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Regulated Use of Biological Resources and Traditional Knowledge for Sustainable Development written by Pushpa Kumar Lakshmanan and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Biodiversity is the base and source of most of the developmental activities. With the advent of modern biotechnology, the utilization of biological and genetic resources for various developmental ventures in medicine, health products, cosmetics, and industrial products increased manifold. Ever since the Convention on Biological Diversity rolled out a blueprint for conservation of biological diversity, sustainable use of its components and equitable sharing of benefits arising out of utilization of genetic resources and traditional knowledge, the Parties to the Convention recognized them as cardinal principles for sustainable development that depends on biological diversity. The Nagoya Protocol on Access and Benefit Sharing for Utilization of Genetic resources and Traditional Knowledge concretized the legal mandate for facilitated access to genetic resources and traditional knowledge for research and developmental purposes. The Protocol ensured equitable sharing of benefits to the indigenous and local communities that have shared traditional knowledge and contributed for the conservation of biological diversity. Being a party to the Convention on Biological Diversity as well as the Nagoya Protocol, India has been implementing the Convention and the Protocol through the Biological Diversity Act, 2002. The Biological Diversity Act, 2002 provides facilitated access to biological resources and associated knowledge based on prior approval and mutually agreed terms. Even though both the Convention on Biological Diversity and the Nagoya Protocol use the terms “genetic resources,” the Indian Biological Diversity Act regulates “biological resources.” This gives a broader scope to the regulation and benefit sharing. A three tier-mechanism has been created under the Act to regulate access to biological resources and associated knowledge and to ensure benefit sharing. The National Biodiversity Authority at the federal level provides prior approval to the non-Indian entities for research and commercial utilization of biological resources. This Authority also regulates transfer of research results and transfer of accessed biological resource to a third party. Any application for intellectual property protection for any product or process involving biological resources requires prior approval of the National Biodiversity Authority. The State Biodiversity Boards established in the States regulate access to biological resources by the Indian citizens at the state level. Both the National Biodiversity Authority and the State Biodiversity Boards determine benefit sharing at the time of granting approval. However, the State Biodiversity Boards do not have any clear mandate under the Act to accord approval and fix benefit sharing. This issue has been raised in the case of Divya Pharmacy v. Union of India (2018). The Biodiversity Management Committees established at the grassroots level in the local bodies have major duties of conservation and documentation of biodiversity and the associated knowledge available within its jurisdiction. These Committees also have the power to levy access fees from the persons accessing biological resources within its jurisdiction. The Biological Diversity Rules 2004, and the Access and Benefit Sharing Regulations 2014 aid the implementation of Biological Diversity Act. Nevertheless, the implementation of the Biological Diversity Act has been entangled with multiple challenges due to convoluted procedures, different enforcement approaches of State Biodiversity Boards and lack of clarity in the law itself. Hesitation of industry stakeholders to comply with the law and lack of participation and awareness about the access and benefit sharing process on the part of the local communities add the complexity to the implementation of the law. All these issues not only pose threat to the implementation of biodiversity law, but also threat to conservation and sustainable development. This paper will critically analyze the importance of conservation of biological diversity and sustainable use of biological resources globally and in a developing country like India to further sustainable development. It will shed light on the difficulties in implementing the biodiversity law in India. This paper will also examine how access and benefit sharing regime in India impacts research and innovation for sustainable development and how it benefits biodiversity conservation and local communities with the help of case studies.
Download or read book Economics and Biological Diversity written by Jeffrey A. McNeely and published by . This book was released on 1988 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Biodiversity Genetic Resources and Intellectual Property written by Kamalesh Adhikari and published by Routledge. This book was released on 2018-03-09 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: There has been a deliberative, but as yet unsuccessful, attempt by scholars and policy makers to articulate a more meaningful idea of Europe, which would enhance the legitimacy of the European Union and provide the basis for a European identity. Using a detailed analysis of the writings of Nietzsche, Elbe seeks to address this problem and argues that Nietzsche's thinking about Europe can significantly illuminate our understanding. He demonstrates how Nietzsche's critique of nationalism and the notion of the 'good European' can assist contemporary scholars in the quest for a vision of Europe and a definition of what it means to be a European citizen.
Download or read book Access and Benefit Sharing of Genetic Resources Information and Traditional Knowledge written by Charles Lawson and published by Taylor & Francis. This book was released on 2022-10-14 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: Addressing the management of genetic resources, this book offers a new assessment of the contemporary Access and Benefit Sharing (ABS) regime. Debates about ABS have moved on. The initial focus on the legal obligations established by international agreements like the United Nations Convention on Biological Diversity and the form of obligations for collecting physical biological materials have now shifted into a far more complex series of disputes and challenges about the ways ABS should be implemented and enforced. These now cover a wide range of issues, including: digital sequence information, the repatriation of resources, technology transfer, traditional knowledge and cultural expressions, open access to information and knowledge, naming conventions, farmers’ rights, new schemes for accessing pandemic viruses sharing DNA sequences, and so on. Drawing together perspectives from an interdisciplinary range of leading and emerging international scholars, this book offers a new approach to the ABS landscape; as it breaks from the standard regulatory analyses in order to explore alternative solutions to the intractable issues for the Access and Benefit Sharing of genetic resources. Addressing these modern legal debates from a perspective that will appeal to both ABS scholars and those with broader legal concerns in the areas of intellectual property, food, governance, Indigenous issues, and so on, this book will be a useful resource for scholars and students as well as those in government and in international institutions working in relevant areas.
Download or read book Biodiversity Prospecting written by Walter V. Reid and published by World Resources Institute. This book was released on 1993 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Interest in the commercial value of genetic and biochemical resources is burgeoning. Virtually no precedent exists for policies and legislation to govern and regulate what amounts to a brand new industry. This report provides guidelines for establishing policies for biodiversity prospecting.
Download or read book Status and Trends of the Nation s Biological Resources V 1 and 2 written by Catherine E. Puckett Haecker and published by Geological Survey (USGS). This book was released on 1998 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: Assesses the health of the United States plants, animals, and ecosystems.
Download or read book Conservation of Biological Resources written by E. J. Milner-Gulland and published by John Wiley & Sons. This book was released on 2009-07-15 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the issues surrounding the conservation of wildspecies and ecosystems used by people. It is aimed at final yearundergraduate and master's students taking courses in conservation,environmental management, ecological economics and relatedsubjects, as well as conservation professionals, includingmanagers, policy-makers and researchers. The structure of the bookis ideal for a course in conservation, comprising a theoreticalsection written by the authors, and a set of ten contributed casestudies intentionally diverse in discipline, geographical regionand system of study. The theoretical section provides the knowledgethat is needed to understand the issues, while the case studies canform the basis of seminars. Readers will emerge with a clearrecognition of the difficulties of limiting the harvesting ofbiological resources to sustainable levels, and of the boundariesof sustainable use as a conservation tool. The authors, an ecologist and an anthropologist, have bothworked on the conservation and sustainable use of wildlife forseveral years, including the ivory and rhino horn trades. The first book to examine the issues underlying thesustainable use debate in a fully interdisciplinary manner. Boththe theoretical section and the case studies approach the issuesusing methods from economics, ecology, anthropology and otherfields Designed as a course textbook, combining a theoretical sectionwith invited case studies written by expert practitioners in thefield Outlines the new direction that conservation biology (and thusconservation biologists) must take if it is to be successful
Download or read book The Commercial Use of Biodiversity written by Kerry ten Kate and published by Earthscan Publications. This book was released on 1999 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this authoritative and comprehensive volume the authors explain the provisions of the Convention on Biological Diversity (CBD) on access and benefit-sharing, the effect of national laws to implement these, and aspects of typical contracts for the transfer of materials. They provide a unique sector-by-sector analysis of how genetic resources are used, the scientific, technological and regulatory trends and the different markets for products using biotechnology.
Download or read book The Custodians of Biodiversity written by Manuel Ruiz and published by Routledge. This book was released on 2012-03-15 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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).
Download or read book The Preservation and Valuation of Biological Resources written by Gordon H. Orians and published by University of Washington Press. This book was released on 1990 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Status and Trends of the Nation s Biological Resources written by Catherine E. Puckett Haecker and published by . This book was released on 1998 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Addressing the Problems of Access written by Jorge Cabrera Medaglia and published by IUCN. This book was released on 2007 with total page 95 pages. Available in PDF, EPUB and Kindle. Book excerpt: Addressing the Problems of Access provides a systematic analysis of the requirements of access law, both the CBD requirements and the basic requirements of enforceable legislation. Often key legal issues that have a significant impact on enforceability of ABS agreements are not addressed in national legislation, therefore, this book addresses these issues with the aim to recognize and understand the nature of the legal impediments that must be addressed for the drafting of functional ABS legislation. Although the book is premised on the issues of access, it inevitably refers to corresponding issues of benefit sharing that are relevant for articulating the legal principles that inform a functional ABS system. Its conclusions look at particular legal concepts that, if accepted, could form the basis for functional ABS systems that respond to the identified concerns.
Download or read book Biological Diversity and Human Economy written by International Union for Conservation of Nature and Natural Resources and published by . This book was released on 1988 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Research and Development on Genetic Resources written by Evanson Chege Kamau and published by Routledge. This book was released on 2015-06-05 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Equitable Access to Human Biological Resources in Developing Countries written by Roger Scarlin Chennells and published by Springer. This book was released on 2015-07-17 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
