Fair and Equitable Benefit-sharing in International Law

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Release : 2024-05-09
Genre : Law
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Book Rating : 735/5 ( reviews)

Fair and Equitable Benefit-sharing in International Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Fair and Equitable Benefit-sharing in International Law write by Elisa Morgera. This book was released on 2024-05-09. Fair and Equitable Benefit-sharing in International Law available in PDF, EPUB and Kindle. Fair and equitable benefit-sharing is a diffuse legal phenomenon in international law. The continued proliferation of benefit-sharing clauses can be explained by their appeal as an optimistic frame in addressing sustainability and equity concerns related to bio-based innovation, the use of natural resources, environmental protection, and knowledge creation. In principle, fair and equitable benefit-sharing serves to recognize, encourage, and incentivise sustainable human relationships with the environment by focusing on equity issues arising from the most intractable challenges of our time, such as loss of biodiversity, climate change, poverty, and global epidemics. Empirical evidence, however, indicates that, in practice, benefit-sharing rarely achieves its fairness and equity objectives, and ends up entrenching or worsening inequitable relationships with little to no benefit for the environment. Instead of focusing on fair and equitable benefit-sharing in sub-specialist areas of international law in isolation, Elisa Morgera assesses the phenomenon from a general international law perspective and through comparison-across international environmental law, international human rights law, international health law, and the law of the sea. Strengthened by insights from local-level case studies in different regions and sectors, this book looks toward overcoming the limitations inherent in individual international regimes and addressing the shortcomings in benefit-sharing implementation. Morgera's topical and comprehensive analysis reveals opportunities to advance fairness and equity in benefit-sharing through a mutually supportive interpretation of international biodiversity law and international human rights law, as well as opportunities to contribute to future research in areas such as international health law, international law on outer space, and international economic law. This is an open access title. It is made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 International licence. It is available to read and download as a PDF version on the Oxford Academic platform.

The 2010 Nagoya Protocol on Access and Benefit-sharing in Perspective

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Release : 2012-11-21
Genre : Law
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Book Rating : 207/5 ( reviews)

The 2010 Nagoya Protocol on Access and Benefit-sharing in Perspective - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The 2010 Nagoya Protocol on Access and Benefit-sharing in Perspective write by Elisa Morgera. This book was released on 2012-11-21. The 2010 Nagoya Protocol on Access and Benefit-sharing in Perspective available in PDF, EPUB and Kindle. 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.

Beyond Access

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Release : 2007
Genre : Convention on Biological Diversity
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Book Rating : 806/5 ( reviews)

Beyond Access - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Beyond Access write by Morten Walløe Tvedt. This book was released on 2007. Beyond Access available in PDF, EPUB and Kindle. 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.

An Explanatory Guide to the Nagoya Protocol on Access and Benefit-sharing

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Release : 2012
Genre :
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Book Rating : 296/5 ( reviews)

An Explanatory Guide to the Nagoya Protocol on Access and Benefit-sharing - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook An Explanatory Guide to the Nagoya Protocol on Access and Benefit-sharing write by Thomas Greiber. This book was released on 2012. An Explanatory Guide to the Nagoya Protocol on Access and Benefit-sharing available in PDF, EPUB and Kindle.

Unraveling the Nagoya Protocol

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Release : 2014
Genre : Law
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Book Rating : 171/5 ( reviews)

Unraveling the Nagoya Protocol - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Unraveling the Nagoya Protocol write by Elisa Morgera. This book was released on 2014. Unraveling the Nagoya Protocol available in PDF, EPUB and Kindle. Foreword; Acknowledgements; List of Abbreviations; Table of Legal Materials Cited; Introduction; 1 The International Debate on Access and Benefit-sharing; 1.1 Asymmetries and the Ethical Rationale for ABS; 1.2 An Incentive-based Approach to Biodiversity Conservation and the Economic Rationale for ABS; 1.3 The ABS Provisions of the CBD; 2 From the CBD to the Nagoya Protocol via the Bonn Guidelines; 3 Traditional Knowledge and ABS; 4 Indigenous Peoples and Local Communities as Beneficiaries of the CBD and the Nagoya Protocol.