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.

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.

The Protection and Sustainable Exploitation of Genetic Resources of the High Seas from the European Union's Perspective

2009 ◽  
Vol 24 (2) ◽  
pp. 333-341
Author(s):  
Serge Beslier
Keyword(s):  
Genetic Resources ◽  
Legal Status ◽  
Biological Diversity ◽  
Negative Impact ◽  
Integrated Approach ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Marine Biodiversity ◽  
Near Future ◽  
High Seas

AbstractThis paper examines how marine biodiversity and genetic resources in the high seas can be protected and whether their exploitation should be regulated. As to their protection, it raises the question whether existing sectoral approaches should continue or to create a new mechanism based on an integrated approach. In accordance with the European Union's position, the latter is favoured, while acknowledging that several States still have reservations and question the need for new legal instruments. Concerning the necessity of a regulatory scheme governing their exploitation, existing mechanisms under the Law of the Sea Convention and the Convention on Biological Diversity are examined and it is concluded that they are not applicable or do not provide for specific rules on this issue. It is further presumed that the resulting absence of a clear framework is acceptable because the potential of commercial exploitation is still uncertain, so that there will only be scientific research without vital negative impact on the marine environment in the near future. It is suggested that the international community should rather focus on defining the legal status of genetic resources and clarifying whether they belong to the common heritage of mankind and require a benefit-sharing system, as proposed by developing countries.

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 Interpretation and Application of International Legal Obligation in a National Legal System: Taking Seriously Benefit Sharing from the Utilization of Genetic Resources in India

2017 ◽  
Vol 1 (17) ◽  
pp. 652
Author(s):  
Sergio Peña Neira
Keyword(s):  
Genetic Resources ◽  
Biological Diversity ◽  
Legal Regulation ◽  
Dual Process ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Legal Rules ◽  
International Obligations ◽  
Treaty Interpretation ◽  
Final Amount

In taking seriously the interpretation and application of international obligations on sharing of benefits equitably on genetic resources, India has decided for a law, rules and guidelines to define equitableness as well as a “case by case” assessment. In doing so, lessons from various cases in which (un)successfully benefits have been shared as well as the rule of application of Article 15.7 of the Convention on Biological Diversity (rules should be enacted as well as policies and “other measures”) were considered in a national Act on this subject. The process of law creation as a consequence of incorporation, therefore, is a dual process: interpretation (of a general international legal rule to determine specifically the national requirements to fulfil vague terms used in the rule) and, at the same time, application of these international rules (by enacting national legal rules defining the objects of legal regulation established by the treaty). Interpretation and application of article 15.7 in India has been defined ruling beyond obligation establishing legal objects and subjects, equitableness, fairness of sharing benefits and standards for a final amount, basically, detailing legal requirements and defining “equity” and “justice” as distribution, synallagma and procedure.

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.

scholarly journals JUSTICE, EQUITY AND BENEFIT-SHARING UNDER THE NAGOYA PROTOCOL TO THE CONVENTION ON BIOLOGICAL DIVERSITY

2015 ◽  
Vol 24 (1) ◽  
pp. 113-141
Author(s):  
Elisa Morgera
Keyword(s):  
Environmental Justice ◽  
Genetic Resources ◽  
International Law ◽  
Traditional Knowledge ◽  
Biological Diversity ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Legal Concept ◽  
Nagoya Protocol ◽  
Case Basis

This article attempts to bridge the multi-disciplinary debate on environmental justice and the traditional international legal debate on equity with a view to analysing the legal concept of benefit-sharing in international law. To that end, the article uses the Nagoya Protocol to the Convention on Biological Diversity as a testing ground for: (i) unpacking different notions of justice that may be pursued through fair and equitable benefit-sharing from access to genetic resources and the use of associated traditional knowledge; and (ii) relating different notions of justice to the different functions that equity plays in international law. The aim is to test the potential wider application of linking a pluralist notion of environmental justice to different functions of equity in other areas of international law that refer to benefit-sharing. It is argued that this helps systematically unveil implicit legal design choices in relation to the pursuit of justice through international lawmaking, and interpret international legal instruments in ways that can contribute to negotiate concrete understandings of justice on a case-by-case basis.

scholarly journals Beyond Rhetoric: State Sovereignty, Common Concern, and the Inapplicability of the Common Heritage Concept to Plant Genetic Resources

2003 ◽  
Vol 16 (4) ◽  
pp. 821-837 ◽  
Author(s):  
IKECHI MGBEOJI
Keyword(s):  
Genetic Resources ◽  
International Law ◽  
Biological Diversity ◽  
Plant Genetic Resources ◽  
Sustainable Use ◽  
Historical Analysis ◽  
Convention On Biological Diversity ◽  
Customary International Law ◽  
Common Heritage ◽  
The Common

Until the emergence of the Convention on Biological Diversity in 1992 and the FAO Treaty on Plant Genetic Resources in 2001, opinion had hardened in some quarters that the principle of a common heritage of mankind regulated international transfer of plant genetic resources. By a historical analysis of customary international law in the colonial age and the recent pedigree of the principle of common heritage, this article points out the fallacies in such arguments and contends that plants have always been subject to various national jurisdictions. It has to be conceded, however, that contemporary developments in the field of international law relating to plant genetic resources foretell the emergence of a regime of multilateral relationships governing access to plant genetic resources. If it is to depart from its unfortunate history, such a regime of multilateral co-operation would have to pay serious regard to the issue of equitable access to and sustainable use of plant genetic resources.

Convention on Biological Diversity: Towards a sustainable future

Social Change ◽  
2003 ◽  
Vol 33 (2-3) ◽  
pp. 173-191
Keyword(s):  
Genetic Resources ◽  
Biological Diversity ◽  
Technology Development ◽  
Sustainable Use ◽  
United Nations Environment Programme ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Biological Resources ◽  
Transfer Benefit ◽  
Global Agreement

In an era of a rapidly shrinking biological resources, the Convention on Biological Diversity (CBD) is a historic landmark, being the first global agreement on the conservation and sustainable use of biological diversity. The CBD is one of the few international agreements in the area of natural resource conservation in which sustainability and equitable benefit-sharing are central concerns. The CBD links traditional conservation efforts to the economic goal of using biological resources sustainably and sets forth principles for the fair and equitable sharing of the benefits arising from the use of genetic resources, notably those destined for commercial use. Importantly, the CBD also gives traditional knowledge its due place in the sustainable use of genetic resources. The CBD also covers the rapidly expanding field of biotechnology, addressing technology development and transfer, benefit-sharing and biosafety, in an equitable framework. In the coming years, the CBD is likely to have major repercussions on the way biodiversity is conserved and benefits thereof, shared between the developing and developed worlds. The following commentary on the CBD has drawn heavily from a document produced by Secretariat of the Convention on Biological Diversity, at the United Nations Environment Programme. Articles 1 to 21 of the CBD have also been reproduced here in order to disseminate knowledge regarding the principles of the CBD-Editor.

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