Genetic Resources, Equity and International Law

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Publisher : Edward Elgar Publishing
ISBN 13 : 0857934953
Total Pages : 335 pages
Book Rating : 4.8/5 (579 download)

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Book Synopsis Genetic Resources, Equity and International Law by : Camena Guneratne

Download or read book Genetic Resources, Equity and International Law written by Camena Guneratne and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: ÔThis book provides a clear analysis of the multi-level impacts of the existing international law regime related to genetic resources on developing countries. It does so through a cogent exposition of the different areas of the law pertaining to genetic resources that are relevant and impact on people's rights and livelihoods. Its focus on equity is a welcome addition to the literature.Õ Ð Philippe Cullet, University of London, UK ÔCamena GuneratneÕs thought-provoking book critically evaluates the clash between the private property approach to genetic resources embedded in international intellectual property conventions, and the competing values embedded in a variety of other conventions and laws. She contests key assumptions behind intellectual property regimes supporting genetic commerce, distinguishing the genetic ÒcommonsÓ from other types of resource. This book provides a comprehensive scholarly dealing with the topics noted in its title, but also should increase debate about policy failures in responding to the risks to the underprivileged of the instruments we use to pursue our economic interests of the majority.Õ Ð Paul Martin, University of New England, Australia ÔThis is a wonderful book. All too often in the quest to preserve biodiversity, we forget that the equation of equity has to be at the forefront of the debates on sustainable development. Dr Guneratne rectifies this mistake. In doing so, she shows us that in many of the most importance instances, we are not only losing large parts of the natural basis on which humanity depends, but also the ability to control the political and legal processes of which many of the world's poorest people depend. This linkage between biodiversity, politics and international law is of such a high calibre, that it is likely that this work will become a key text for students and scholars alike.Õ Ð Alexander Gillespie, University of Waikato, New Zealand This book examines current developments in international law which regulate the uses of plant genetic resources for food and agriculture, and the various property regimes which are applied to these resources by these international agreements. In the current context of the global food crisis, the development and stability of national agricultural systems is an urgent concern, particularly among developing countries. This stability, and national food security, will potentially be threatened if these countries are unable to have free access to agricultural crop plants. This book analyses a range of international agreements including the recently adopted Nagoya Protocol and demonstrates that in their current implementation they favour private ownership of these resources rather than free access. The book takes the position that this is inherently inequitable and these resources should be maintained in the public domain. This book will be of use to a wide range of readers from students and scholars to those working in the fields of trade and intellectual property, human rights, environmental conservation and advocacy on international issues. It contains a rigorous legal analysis of current international law development on the issue based on the negotiations which have taken place in the relevant forums, and will therefore be particularly useful to lawyers and legal scholars. It is also written in an uncomplicated style which makes it readily accessible to non-lawyers and the case studies and empirical data used throughout the book adds to its interest.

Common Pools of Genetic Resources

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Author :
Publisher : Routledge
ISBN 13 : 1135069700
Total Pages : 457 pages
Book Rating : 4.1/5 (35 download)

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Book Synopsis Common Pools of Genetic Resources by : Evanson Chege Kamau

Download or read book Common Pools of Genetic Resources written by Evanson Chege Kamau and published by Routledge. This book was released on 2013-07-18 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Convention on Biological Diversity (CBD) strives for the sustainable and equitable utilization of genetic resources, with the ultimate goal of conserving biodiversity. The CBD and the Nagoya Protocol which has since been elaborated suggest a bilateral model for access to genetic resources and the sharing of benefits from their utilization. There is concern that the bilateral exchange "genetic resource for benefit sharing" could have disappointing results because providers are left out of the process of research and development, benefits are difficult to be traced to sources, and providers owning the same resource may complain of being excluded from benefit sharing. Thus, the CBD objective of full utilization and equitability may become flawed. Common Pools of Genetic Resources: Equity and Innovation in International Biodiversity Law suggests common pools as a complementary approach to bilateralism. This is one of the first books to reply to a number of complex legal questions related to the interpretation and implementation of the Nagoya Protocol. Taking an inductive approach, it describes existing pools and analyzes how they are organized and how they perform in terms of joint R&D and benefit sharing. It presents case studies of the most characteristic types of common pools, provides suggestions for further developing existing pools to cope with the requirements of the CBD and NP and, at the same time uses the clauses these conventions contain to open up for commons approaches. Written by a team of expert academics and practitioners in the field, this innovative book makes a timely and valuable contribution to academic and policy debates in international environmental law, international biodiversity law, intellectual property law, climate law and the law of indigenous populations.

Genetic Resources, Traditional Knowledge and the Law

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Author :
Publisher : Routledge
ISBN 13 : 1136574425
Total Pages : 530 pages
Book Rating : 4.1/5 (365 download)

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Book Synopsis Genetic Resources, Traditional Knowledge and the Law by : Evanson C. Kamau

Download or read book Genetic Resources, Traditional Knowledge and the Law written by Evanson C. Kamau and published by Routledge. This book was released on 2009-09-02 with total page 530 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Regulating Genetic Resources

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Publisher : Edward Elgar Publishing
ISBN 13 : 1781001669
Total Pages : 337 pages
Book Rating : 4.7/5 (81 download)

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Book Synopsis Regulating Genetic Resources by : Charles Lawson

Download or read book Regulating Genetic Resources written by Charles Lawson and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: ÔAn insightful guide to some key developments in the international governance of genetic resources. Exploration of the central role of state sovereignty in current approaches aids understanding of the impact that the socio-economic and political context has on the content and direction of rules in this area. The book includes extensive information on the influence of treaty regimes that are often marginal to or absent from other analyses of genetic resource governance (outer space, seas and oceans, and Antarctica).Õ Ð Catherine Rhodes, The University of Manchester, UK This detailed and concise book surveys the international genetic resources laws applying in Antarctica, space, the oceans and seas, the lands, and the airspaces above land and water. The well-structured analysis traces the evolution of these various schemes and their contributions to the comprehensive arrangements under the Convention on Biological Diversity, the International Treaty on Plant Genetic Resources for Food and Agriculture and the World Health OrganizationÕs PIP Framework. The book details the different avenues and concluded positions, documenting a laboratory of legal approaches and possibilities. Regulating Genetic Resources will be a valuable addition to academics, governments, NGOs and students in environmental and intellectual property law.

International Law And Sustainable Development

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004141731
Total Pages : 750 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis International Law And Sustainable Development by : Nico J. Schrijver

Download or read book International Law And Sustainable Development written by Nico J. Schrijver and published by Martinus Nijhoff Publishers. This book was released on 2004-01-01 with total page 750 pages. Available in PDF, EPUB and Kindle. Book excerpt: Schrijver (Vrije U., Amsterdam) and Weiss (U. of Amsterdam) have both served on committees of the International Law Association (ILA).

Genetic Resources as Natural Information

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Publisher : Routledge
ISBN 13 : 1317624165
Total Pages : 138 pages
Book Rating : 4.3/5 (176 download)

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Book Synopsis Genetic Resources as Natural Information by : Manuel Ruiz Muller

Download or read book Genetic Resources as Natural Information written by Manuel Ruiz Muller and published by Routledge. This book was released on 2015-09-16 with total page 138 pages. Available in PDF, EPUB and Kindle. Book excerpt: Demonstrating the shortcomings of current policy and legal approaches to access and benefit-sharing (ABS) in the Convention on Biological Diversity (CBD), this book recognizes that genetic resources are widely distributed across countries and that bilateral contracts undermine fairness and equity. The book offers a practical and feasible regulatory alternative to ensure the goal of fairness and equity is effectively and efficiently met. Through a legal analysis that also incorporates historic, economic and sociological perspectives, the book argues that genetic resources are not tangible resources but information. It shows that the existing preference for bilateralism and contracts reflects resistance on the part of many of the stakeholders involved in the CBD process to recognize them as such. ABS issues respond very well to the economics of information, yet as the author explains, these have been either sidelined or overlooked. At a time when the Nagoya Protocol on ABS has renewed interest in feasible policy options, the author provides a constructive and provocative critique. The institutional, policy and regulatory framework constitute "bounded openness" under which fairness and equity emerge.

Fair and Equitable Benefit-sharing in International Law

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Author :
Publisher : Oxford University Press
ISBN 13 : 0192606735
Total Pages : 305 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis Fair and Equitable Benefit-sharing in International Law by : Elisa Morgera

Download or read book Fair and Equitable Benefit-sharing in International Law written by Elisa Morgera and published by Oxford University Press. This book was released on 2024-05-09 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

International Law and the Genetic Resources of the Deep Sea

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Author :
Publisher : BRILL
ISBN 13 : 9047418786
Total Pages : 319 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis International Law and the Genetic Resources of the Deep Sea by : David Kenneth Leary

Download or read book International Law and the Genetic Resources of the Deep Sea written by David Kenneth Leary and published by BRILL. This book was released on 2006-11-29 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: Deep-sea genetic resources and the interest of the biotechnology industry in their exploitation are emerging as a significant challenge for international oceans governance. This book is the first comprehensive examination of this issue and explores its relationship with marine scientific research and other activities in the deep sea. As well as a detailed survey of the state of industry interest in this new field of biotechnology it also sets out proposals for future sustainable management of these resources utilizing many existing international law and policy regimes.

International Law and the Genetic Resources of the Deep Sea

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Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (122 download)

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Book Synopsis International Law and the Genetic Resources of the Deep Sea by : David Leary

Download or read book International Law and the Genetic Resources of the Deep Sea written by David Leary and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Politics of Genetic Resource Control

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Publisher : Springer
ISBN 13 : 0333982851
Total Pages : 175 pages
Book Rating : 4.3/5 (339 download)

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Book Synopsis The Politics of Genetic Resource Control by : A. Stenson

Download or read book The Politics of Genetic Resource Control written by A. Stenson and published by Springer. This book was released on 1999-06-23 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt: The question of how genetic resources ought to be owned and controlled has become a controversial international political issue. The authors examine this issue from a normative perspective, discussing the four principles that govern the debate over genetic resource control. These four principles are proprietarian intellectual property rights (the dominant principle, reflecting Western influences); communitarian intellectual property rights (a principle bound up with the rights of indigenous peoples); national sovereignty (the principle at the heart of international law); and common heritage of mankind (the most recent principle reflecting Third World demands).

Genetic Resources as Natural Information

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Author :
Publisher : Routledge
ISBN 13 : 1317624157
Total Pages : 161 pages
Book Rating : 4.3/5 (176 download)

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Book Synopsis Genetic Resources as Natural Information by : Manuel Ruiz Muller

Download or read book Genetic Resources as Natural Information written by Manuel Ruiz Muller and published by Routledge. This book was released on 2015-09-16 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: Demonstrating the shortcomings of current policy and legal approaches to access and benefit-sharing (ABS) in the Convention on Biological Diversity (CBD), this book recognizes that genetic resources are widely distributed across countries and that bilateral contracts undermine fairness and equity. The book offers a practical and feasible regulatory alternative to ensure the goal of fairness and equity is effectively and efficiently met. Through a legal analysis that also incorporates historic, economic and sociological perspectives, the book argues that genetic resources are not tangible resources but information. It shows that the existing preference for bilateralism and contracts reflects resistance on the part of many of the stakeholders involved in the CBD process to recognize them as such. ABS issues respond very well to the economics of information, yet as the author explains, these have been either sidelined or overlooked. At a time when the Nagoya Protocol on ABS has renewed interest in feasible policy options, the author provides a constructive and provocative critique. The institutional, policy and regulatory framework constitute "bounded openness" under which fairness and equity emerge.

Plant Genetic Resources and Food Security

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Author :
Publisher : Routledge
ISBN 13 : 1136536833
Total Pages : 362 pages
Book Rating : 4.1/5 (365 download)

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Book Synopsis Plant Genetic Resources and Food Security by : Christine Frison

Download or read book Plant Genetic Resources and Food Security written by Christine Frison and published by Routledge. This book was released on 2012-06-25 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) is a pivotal piece of recent legislation, providing a route map for the use of such resources for sustainable agriculture and food security. Plant Genetic Resources and Food Security explains clearly the different interests and views at stake between all players in the global food chain. It touches upon many issues such as international food governance and policy, economic aspects of food and seed trade, conservation and sustainable use of food and agricultural biodiversity, hunger alleviation, ecological concerns, consumers' protection, fairness and equity between nations and generations, plant breeding techniques and socio-economic benefits related to food local economies. The book shows that despite the conflicting interests at stake, players managed to come to an agreement on food and agriculture for the sake of food security and hunger alleviation in the world. Published with the Food and Agriculture Organization (FAO) of the United Nations and with Bioversity International.

Global Governance of Genetic Resources

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Publisher : Routledge
ISBN 13 : 1135135487
Total Pages : 282 pages
Book Rating : 4.1/5 (351 download)

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Book Synopsis Global Governance of Genetic Resources by : Sebastian Oberthür

Download or read book Global Governance of Genetic Resources written by Sebastian Oberthür and published by Routledge. This book was released on 2013-10-30 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the status and prospects of the global governance of Access Benefit Sharing (ABS) in the aftermath of 2010’s Nagoya Protocol to the Convention on Biological Diversity (CBD). The CBD’s initial 1992 framework of global ABS governance established the objective of sharing the benefits arising from the use of genetic resources fairly between countries and communities. Since then, ABS has been a contested issue in international politics – not least due to the failure of effective implementation of the original CBD framework. The Nagoya Protocol therefore aims to improve and enhance this framework. Compared to the slow rate of progress on climate change, it has been considered a major achievement of global environmental governance, but it has also been coined a ‘masterpiece of ambiguity’. This book analyses the role of a variety of actors in the emergence of the Nagoya Protocol and provides an up-to-date assessment of the core features of the architecture of global ABS governance. This book offers a central resource regarding ABS governance for those working on and interested in global environmental governance. This is achieved by focusing on two broad themes of the wider research agenda on global environmental governance, namely architecture and agency. Furthermore, individual chapter contributions relate and link ABS governance to other prominent debates in the field, such as institutional complexes, compliance, market-based approaches, EU leadership, the role of small states, the role of non-state actors and more. Partly due to its seeming technical complexity, ABS governance has so far not been at the centre of attention of scholars and practitioners of global environmental governance. In this book, care is taken to provide an accessible account of key functional features of the governance system which enables non-specialists to gain a grasp on the main issues involved, allowing the issue of ABS governance to move centre-stage and be more fully recognised in discussions on global environmental governance.

The Protection of Traditional Knowledge on Genetic Resources

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1786437430
Total Pages : 384 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis The Protection of Traditional Knowledge on Genetic Resources by : Frantzeska Papadopoulou

Download or read book The Protection of Traditional Knowledge on Genetic Resources written by Frantzeska Papadopoulou and published by Edward Elgar Publishing. This book was released on 2018-04-27 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditional knowledge protection methods are becoming increasingly out-dated in the face of modern challenges. Focusing on the protection of traditional knowledge and related genetic resources, this book is the first of its kind to amalgamate a novel theoretical framework with the practical applications of the combined theories of Rawls and Coase.

Beyond Access

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Publisher : IUCN
ISBN 13 : 2831709806
Total Pages : 172 pages
Book Rating : 4.8/5 (317 download)

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Book Synopsis Beyond Access by : Morten Walløe Tvedt

Download or read book Beyond Access written by Morten Walløe Tvedt and published by IUCN. This book was released on 2007 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Access and Benefit Sharing of Genetic Resources, Information and Traditional Knowledge

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Author :
Publisher : Taylor & Francis
ISBN 13 : 1000730077
Total Pages : 247 pages
Book Rating : 4.0/5 (7 download)

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Book Synopsis Access and Benefit Sharing of Genetic Resources, Information and Traditional Knowledge by : Charles Lawson

Download or read book Access and Benefit Sharing of Genetic Resources, Information and Traditional Knowledge written by Charles Lawson and published by Taylor & Francis. This book was released on 2022-10-14 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: Addressing the management of genetic resources, this book offers a new assessment of the contemporary Access and Benefit Sharing (ABS) regime. Debates about ABS have moved on. The initial focus on the legal obligations established by international agreements like the United Nations Convention on Biological Diversity and the form of obligations for collecting physical biological materials have now shifted into a far more complex series of disputes and challenges about the ways ABS should be implemented and enforced. These now cover a wide range of issues, including: digital sequence information, the repatriation of resources, technology transfer, traditional knowledge and cultural expressions, open access to information and knowledge, naming conventions, farmers’ rights, new schemes for accessing pandemic viruses sharing DNA sequences, and so on. Drawing together perspectives from an interdisciplinary range of leading and emerging international scholars, this book offers a new approach to the ABS landscape; as it breaks from the standard regulatory analyses in order to explore alternative solutions to the intractable issues for the Access and Benefit Sharing of genetic resources. Addressing these modern legal debates from a perspective that will appeal to both ABS scholars and those with broader legal concerns in the areas of intellectual property, food, governance, Indigenous issues, and so on, this book will be a useful resource for scholars and students as well as those in government and in international institutions working in relevant areas.

Governance of Genetic Resources

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1781007004
Total Pages : 273 pages
Book Rating : 4.7/5 (81 download)

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Book Synopsis Governance of Genetic Resources by : Catherine Rhodes

Download or read book Governance of Genetic Resources written by Catherine Rhodes and published by Edward Elgar Publishing. This book was released on 2013-11-29 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely study will be of interest to students and academics concerned with the management of genetic resources and its connection to issues such as intellectual property rights, biodiversity conservation and food security. It will appeal strongly t