The Nagoya Protocol on Access and Benefit-sharing is an innovative multilateral environmental agreement that has significantly developed the international biodiversity regime. In addition, it has considerable implications for the rights of indigenous peoples and local communities, for research and commercial development activities in various sectors, as well as for food security, health, trade, oceans, and development cooperation. A prestigious group of international experts analyses the implications of the Nagoya Protocol for different areas of international law, and its implementation challenges in various regions, or of a cross-cutting nature. The volume thus combines the perspectives of legal scholars and of stakeholders involved in the negotiations of the Protocol and the preparations towards its entry into force.
About the Author
Elisa Morgera (LLM, University College London; PhD, European University Institute) is Lecturer in European Environmental Law at the University of Edinburgh School of Law. She is the author of Corporate Accountability in International Environmental Law (OUP, 2009) and co-author of Environmental Integration in the EU's External Relations (Hart, 2012).Matthias Buck (Ass. iur, M.A.) works with the European Commission's Environment Directorate-General. He was the main EU negotiator of the Nagoya Protocol an is the author of "The Nagoya Protocol on ABS" in RECIEL 20(1), 2011, 47-61.Elsa Tsioumani (LLM, College of Europe) is a lawyer specializing in international and European environmental law. She is a regular contributor to the Yearbook on International Environmental Law and Environmental Policy and Law, and has consulted for various international organizations.
Table of Contents
INTRODUCTIONElisa Morgera, Matthias Buck and Elsa TsioumaniPART I – IMPLICATIONS FOR INTERNATIONAL LAWCHAPTER 1. The Nagoya Protocol on Access and Benefit-sharing: Innovations in International Environmental Law Lyle Glowka and Valérie NormandCHAPTER 2. The International Human Rights Law Implications of the Nagoya Protocol Annalisa SavaresiCHAPTER 3. An Analysis of the Relationship between the Nagoya Protocol and Instruments related to Genetic Resources for Food and Agriculture and Farmers' Rights Claudio Chiarolla, Selim Louafi and Marie SchloenCHAPTER 4. A Healthy Look at the Nagoya Protocol - Implications for Global Health Governance Marie WilkeCHAPTER 5. The Law of the Sea: A before and an after Nagoya? Charlotte SalpinCHAPTER 6. The Nagoya Protocol and WTO Law Riccardo PavoniPART II – REGIONAL PERSPECTIVES ON IMPLEMENTATION CHALLENGES CHAPTER 7. Implementing the Nagoya Protocol in Africa: Opportunities and Challenges for African Indigenous Peoples and Local Communities Peter Munyi and Harry JonasCHAPTER 8. An Asian Developing Country’s View on the Implementation Challenges of the Nagoya Protocol Gurdial Singh NijarCHAPTER 9. Challenges in the Implementation of the Nagoya Protocol from the Perspective of a Member State of the European Union: The Case of Spain Alejandro Lago Candeira and Luciana SilvestriCHAPTER 10. Implementation of the Nagoya Protocol in JUSCANZ Countries: The Unlikely Lot Geoff BurtonCHAPTER 11. The Implementation of the Nagoya Protocol in Latin America and the Caribbean: Challenges and Opportunities Jorge Cabrera MedagliaPART III – CROSS-CUTTING IMPLEMENTATION CHALLENGES CHAPTER 12. The Implications of the Nagoya Protocol for the Ethical Sourcing of Biodiversity María Julia OlivaCHAPTER 13. Governing Global Scientific Research Commons under the Nagoya Protocol Tom Dedeurwaerdere, Arianna Broggiato, Selim Louafi, Eric Welch and Fulya BaturCHAPTER 14. The Role of Private International Law under the Nagoya Protocol Claudio ChiarollaCHAPTER 15. An International Cooperation Perspective on the Implementation of the Nagoya Protocol Tomme Rosanne YoungCONCLUSIONSElisa Morgera, Matthias Buck and Elsa Tsioumani