Marine Genetic Resources, Including Sharing of Benefits

2017 ◽  
Vol 111 ◽  
pp. 245-247
Author(s):  
Angel Horna
Keyword(s):  
Genetic Resources ◽  
International Law ◽  
Biological Diversity ◽  
Environmental Law ◽  
Law Of The Sea ◽  
Convention On Biological Diversity ◽  
Legal Regime ◽  
Progressive Development ◽  
Equitable Sharing ◽  
United Nations Convention

If we look at the development of international law of the sea, an evolution that can be traced back to the emergence of the traditional law of the sea and its transition into its modern version (enshrined in the United Nations Convention on the Law of the Sea—UNCLOS), I would argue that we are now in the midst of another major moment in the codification and progressive development of international law of the sea, which—on this occasion—also includes the interrelationship between that legal regime and international environmental law, in particular the Convention on Biological Diversity (CBD) and the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the CBD.

scholarly journals ACCESS AND BENEFIT SHARING UNDER NAGOYA PROTOCOL AND SUSTAINABLE DEVELOPMENT: A CRITICAL ANALYSIS

2015 ◽  
Vol 9 (3) ◽  
pp. 38-45
Author(s):  
STELLINA JOLLY
Keyword(s):  
Sustainable Development ◽  
Genetic Resources ◽  
Biological Diversity ◽  
Environmental Law ◽  
Developing Nations ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Access And Benefit Sharing ◽  
Nagoya Protocol ◽  
Equitable Sharing

The debate over control and ownership of natural and bio genetic resources has a chequered history in International environmental law. Historically genetic resources were considered and acknowledged as part of common heritage of mankind. But with the development of technologies and the heightened north south divide over the issue of sovereign right over natural resources the developing nations became extremely concerned with the exploitation of biological and Genetic resources. Access to benefit sharing (ABS) was considered as an answer to balance the interests of developed and developing nations and to conserve and protect bio diversity. Adopted on October 2010 in Nagoya, Japan by the Parties to the Convention on Biological Diversity (CBD) of 1992, the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization (NP) has come into force after its 50th ratification on 2013. Nagoya protocol details on procedure for access and benefit sharing, disclosure mechanism, principles of transparency and democracy. The paper analyses the protection of access and benefit sharing envisaged under Nagoya protocol and its possible role in promoting sustainable development in the develoing nations. 

scholarly journals Global taxonomy initiative: Building capacity in taxonomy to underpin the conservation of biological diversity

2006 ◽  
Vol 27 (1) ◽  
pp. 16
Author(s):  
Junko Shimura ◽  
Kaduo Hiraki
Keyword(s):  
Decision Making ◽  
United Nations ◽  
Genetic Resources ◽  
Biological Diversity ◽  
Sustainable Use ◽  
Convention On Biological Diversity ◽  
Building Capacity ◽  
The World ◽  
Equitable Sharing ◽  
United Nations Convention

The Global Taxonomy Initiative (GTI) is across cutting issue of the United Nations Convention on Biological Diversity (CBD) to address the lack of taxonomic information and expertise available in many parts of the world, and thereby to improve decision making in conservation, sustainable use and equitable sharing of the benefits derived from genetic resources.

scholarly journals Planning on law: Fair and just in the division of benefits. The case of genetic resources in the high seas (water column)

2018 ◽  
pp. 227-253
Author(s):  
Sergio Peña Neira
Keyword(s):  
Genetic Resources ◽  
International Law ◽  
Water Column ◽  
Biological Diversity ◽  
Basic Feature ◽  
Convention On Biological Diversity ◽  
Legal Rules ◽  
United Nations Convention ◽  
International Legal System ◽  
High Seas

How to define sharing benefits from Marine Genetic Resources in the High Seas (water column) as equitable and just? Supposedly, the United Nations Convention on the Law of the Sea, international custom and the Convention on Biological Diversity do not rule Marine Genetic Resources in the High Seas as far as sharing benefits is concerned. The basic feature of international law and its sub-disciplines (of environment, investment, conflict resolution), subjects, and objects has to do with its content whatever the validity from international law as such or national law and the content based on sense and limits by interpretation and application (internationally and nationally). Interpreting international legal rules is only possible utilizing the elements established by international law, one is the systematically interpretation considering all and certain legal rules as foundations of the international legal system.

scholarly journals Facing the Harsh Reality of Access and Benefit Sharing (ABS) Legislation: An Industry Perspective

2021 ◽  
Vol 14 (1) ◽  
pp. 277
Author(s):  
Frank Michiels ◽  
Ulrich Feiter ◽  
Stéphanie Paquin-Jaloux ◽  
Diana Jungmann ◽  
Axel Braun ◽  
...  
Keyword(s):  
Genetic Resources ◽  
Biological Diversity ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Access And Benefit Sharing ◽  
Nagoya Protocol ◽  
Equitable Sharing ◽  
United Nations Convention ◽  
Harsh Reality ◽  
Practical Constraints

Access and benefit sharing (ABS) is a framework which refers to a relatively recent type of legal requirements for access to and use of “genetic resources”. They are based on diverse national and regional laws and regulations, which mostly result from the implementation of the United Nations’ Convention on Biological Diversity (CBD) and its supplementary agreement, the Nagoya Protocol. Their ambition is to achieve fair and equitable sharing of benefits arising out of the use of genetic resources as an incentive to conserve and sustainably use them. This paper describes the experiences, practical constraints and complexities encountered by users of genetic resources when dealing with ABS legislation, with a focus on users from the private sector. We provide insights on how ABS laws have fundamentally changed the way of working with genetic resources, in the hope that it inspires re-thinking of the ABS framework, to better support the overall objectives of the CBD.

Relationship Between International Environmental Law and Other Branches of International Law

2008 ◽  
Author(s):  
Alan Boyle
Keyword(s):  
Human Rights ◽  
International Law ◽  
Dispute Settlement ◽  
Biological Diversity ◽  
Environmental Law ◽  
World Trade Organisation ◽  
Law Of The Sea ◽  
Convention On Biological Diversity ◽  
International Environmental Law ◽  
The Law

International environmental law is neither a separate nor a self-contained system or sub-system of law. Rather, it is simply part of international law as a whole. It is true that many ‘environmental’ treaties and other legal instruments have been negotiated over the past half-century, and that the study of international environmental law is to a significant extent a study of these treaties and other instruments. Nevertheless, unlike World Trade Organisation (WTO) law, the law of the sea, or human rights law, international environmental law has never been systematically codified into a single treaty or group of treaties. There is neither a dedicated international environmental organisation nor an international dispute settlement process with the ability to give it coherence. This article provides the link between international environmental law and WTO law, the 1982 UN Convention on the Law of the Sea and the 1992 Convention on Biological Diversity, environment and human rights, and dispute settlement and applicable law.

Rethinking the Concept of Historic Rights in International Law

2019 ◽  
Vol 7 (2) ◽  
pp. 153-165
Author(s):  
Ying Wang
Keyword(s):  
United Nations ◽  
International Law ◽  
Law Of The Sea ◽  
Legal Regime ◽  
Legal Documents ◽  
Maritime Boundary ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law ◽  
Maritime Boundary Delimitation

Abstract Historic rights have been acknowledged by international legislation including the United Nations Convention on the Law of the Sea, although many issues concerning the concept still remain uncertain. This article will mainly discuss the legal connotation and juridical functions of the concept of ‘historic rights’ for maritime entitlements and maritime boundary delimitation, and attempt to clarify some legal ambiguity and explain the function of the legal regime through analysis of legal documents and identification of typical difficulties in the application of the concept of ‘historic rights’.

The ‘Facilitator’: Proposing a New Mechanism to Strengthen the Equitable and Sustainable Use of Biodiversity

1995 ◽  
Vol 22 (3) ◽  
pp. 211-215 ◽  
Author(s):  
Anatole F. Krattiger ◽  
William H. Lesser
Keyword(s):  
Genetic Resources ◽  
Side Effect ◽  
Biological Diversity ◽  
Sustainable Use ◽  
Convention On Biological Diversity ◽  
Standard Practice ◽  
Equitable Sharing

The focus of the Convention on Biological Diversity on conservation, the sustainable use of the greatest possible diversity of biota, and the equitable sharing of the benefits derived therefrom, has broadened the opportunities and responsibilities of a range of entities that are involved with conservation. Countries seeking to market their genetic resources, as well as firms seeking access to these materials, are uncertain as to how to proceed under the new expectations brought about by the Convention, and the excitement stemming from prospecting revenues is having an unfortunate side-effect in emphasizing the perceived newness of this opportunity. The continued emphasis on newness discourages participation until a less risky standard practice emerges.

scholarly journals Conceptual Graphs and Terminological Idiosyncrasy in UNCLOS and CBD

2021 ◽  
Vol 9 ◽  
Author(s):  
Pierre Mazzega
Keyword(s):  
Biological Diversity ◽  
Environmental Law ◽  
Convention On Biological Diversity ◽  
Conservation Of Resources ◽  
Conceptual Graphs ◽  
Language Semantics ◽  
Legal Texts ◽  
Conceptual Graph ◽  
United Nations Convention ◽  
Interpretative Flexibility

Do two conventions of international environmental law necessarily endow the same word with the same meaning? A single counterexample is enough to answer in the negative: this is the case of the term “resource” in the United Nations Convention on the Law of the Sea (UNCLOS) and the Convention on Biological Diversity (CBD). Beyond this result, we tackle the questions, raised by the method of analysis implemented, about the semantics of legal texts, a source of interpretative flexibility but also of cognitive amalgamations and confusions of various types. A conceptual graph is associated with each proposition or sentence comprising the term “resource.” Some expressions, especially those of a deontic nature and noun phrases naming a group of interrelated entities or a fact, are encoded in nested graphs. The scope of a term is revealed by the neighbourhood of its uses. Neighbouring expressions, positioned along the paths of conceptual graphs, are ranked owing to their distance from the target expression. Then the neighbours the most contributing to the distributional meaning of the targets are classified in a coarse taxonomy, providing basic ontological traits to “resource” and related expressions in each convention. Although the two conventions rely on the same language, the weak overlap of their respective neighbourhoods of the term “resource” and associated expressions and their contrasted ontological anchorages highlight idiosyncratic meanings and, consequently, divergent orientations and understandings regarding the protection and conservation of resources, especially of living resources. Thus, the complexity of legal texts operates both in the gap between language semantics and cognitive understanding of the concepts used, and in the interpretative flexibility and opportunities for confusion that the texts offer but that the elementary operations of formalisation allow to deconstruct and clarify.

8 The Exclusive Economic Zone

2015 ◽  
Author(s):  
Andreone Gemma
Keyword(s):  
United Nations ◽  
International Law ◽  
Future Development ◽  
Controversial Issue ◽  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
Legal Regime ◽  
The Future ◽  
United Nations Convention

The role of the Economic Exclusive Zone (EEZ) in the international law of the sea remains a controversial issue two decades after the 1982 United Nations Convention on the Law of the Sea (LOSC) came into force. This chapter examines the evolution of the concept and its juridical nature, and the legal regime applicable to the EEZ. It considers the future development of the EEZ legal regime, exploring the principal controversial features that may influence its course.

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