Genetic Resources, Traditional Knowledge and the Law: Solutions for Access and Benefit Sharing [NOOK Book]

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Overview

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 ...
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Genetic Resources, Traditional Knowledge and the Law: Solutions for Access and Benefit Sharing

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Overview

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.
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Editorial Reviews

From the Publisher
'An excellent job in bringing together some of the most recent and 'state of the art' thoughts and ideas regarding genetic resources, intellectual property and traditional knowledge. A must read for those exploring the complex scientific, cultural, economic and social dimensions of these issues and, in particular, the role of public policy and law in this regards.'
Manuel Ruiz Muller, Director Programa de Asuntos Internacionales y Biodiversidad, Lima, Per�

'The debate on biodiversity access and benefit sharing has stagnated in recent years. New ideas are lacking, views continue to be polarised, and existing regimes are mostly unworkable. This book breaks the mould, offering an impressive array of balanced analyses, fresh ideas and perspectives, and thoughtful and realistic prescriptions. It should be required reading for all ABS policymakers and others interested in finding solutions rather than scoring political points and recycling sterile rhetoric.'
Graham Dutfield, Professor of International Governance, University of Leeds, UK

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Product Details

  • ISBN-13: 9781136574429
  • Publisher: Taylor & Francis
  • Publication date: 8/19/2009
  • Sold by: Barnes & Noble
  • Format: eBook
  • Pages: 528
  • File size: 9 MB

Meet the Author

Evanson C. Kamau is Senior Research Fellow at the Research Centre for European Environmental Law (FEU), University of Bremen, Germany.

Gerd Winter is Professor of Public Law and Sociology of Law and Co-Director of FEU, University of Bremen, Germany.

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Table of Contents

List of Figures, Tables and Boxes ix

About the Authors xi

Preface xvii

List of Acronyms and Abbreviations xix

Introduction Evanson Chege Kamau Gerd Winter xxiii

Part 1 Theorizing on ABS

1 Access to GRs and Benefit Sharing-Underlying Concepts and the Idea of Justice Peter-Tobias Stoll 3

2 Towards Regional Common Pools of GRs-Improving the Effectiveness and Justice of ABS Gerd Winter 19

3 The Diversity of Principles Underlying the Concept of Benefit Sharing Bram De Jonge Niels Lauwaars 37

4 ABS in Relation to Marine GRs Alexander Proelss 57

Part 2 Traditional Knowledge from New Perspectives

5 Potential of TK for Conventional Therapy-Prospects and Limits Jack K. Githae 77

6 Setting Protection of TK to Rights-Placing Human Rights and Customary Law at the Heart of TK Governance Brendan Tobin 101

7 A Socio-legal Inquiry into the Protection of Disseminated Traditional Knowledge-Learning from Brazilian Cases John B. Kleba 119

8 Protecting TK Amid Disseminated Knowledge-A New Task for ABS Regimes? A Kenyan Legal View Evanson C. Kamau 143

Part 3 Recent Developments in Exemplary Countries

9 The Law-Making Process of Access and Benefit-Sharing Regulations-The Case of Kenya Anne N. Angwenyi 173

10 Brazil's Experience in Implementing its ABS Regime-Suggestions for Reform and the Relationship with the International Treaty on Plant Genetic Resources for Food and Agriculture Juliana Santilli 187

11 Finding a Path Through the ABS Maze-Challenges of Regulating Access and Benefit Sharing in South Africa Rachel Wynberg Mandy Taylor 203

12 The Process of Legislation on Access and Benefit Sharing BS in China-A NewLong March Tianbao Qin 225

13 The Role of the NationalBiodiversity Institute in the Use of Biodiversity for Sustainable Development-Forming Bioprospecting Partnerships Jorge Cabrera Medaglia 243

14 Australian ABS Law and Administration-A Model Lawand Approach? Geoff Burton 271

Part 4 Core Problems of Provider Country Measures

15 PIC in Access to TK in Brazil Sandra A. S. Kishi 311

16 Design and Functions of Databases on TK-The Case of Venezuela Maria Julia Ochoa 327

17 Biopiracy or Fallacy? Identifying Genuine Biopiracy Cases in Ecuador Monica Ribadeneira Sarmiento 341

18 Sharing the Benefits of Using Traditionally Cultured GRs Fairly Christiane Gerstetter 349

19 Streamlining Access Procedures and Standards Evanson C. Kamau and Gerd Winter 365

20 Capacity Development in a Changing World-Three Years of the ABS Capacity Development Initiative for Africa: Achievements and Perspectives Peter Munyi Fabian Haas Andreas Drews Suhel al-Janabi 381

Part 5 User Countries' Measures

21 Disclosure Requirement-A Critical Appraisal Evanson C. Kamau 399

22 Enforcement of Benefit-Sharing Duties in User Countries Christine Godt 419

23 Enforcement of ABS Agreements in User States Hiroji Isozaki 439

Annex Australian Model Access and Benefit-Sharing Agreement 455

Index 487

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