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Legal Mechanisms For Conservation And Commercialization Of Biological Resources
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Book Synopsis Legal Mechanisms for Conservation and Commercialization of Biological Resources by : Jayanta Boruah
Download or read book Legal Mechanisms for Conservation and Commercialization of Biological Resources written by Jayanta Boruah and published by . This book was released on 2021-05-10 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: Biodiversity is the variety of living species that forms an essential part of the ecosystem without which even human survival is not possible. The loss of Biodiversity due to anthropogenic activities has made the human civilization to think ways for reducing rather controlling such losses for which they initiated legal regulatory framework from time to time. One such framework is the Access and Benefit Sharing mechanism launched initially by the Convention on Biological Diversity, 1992 and later supported by Nagoya Protocol. In India the same has been implemented by virtue of Biological Diversity Act, 2002. This ABS mechanism is expected to link conservation of Biodiversity with its commercialization since utilization of Biological Resources is must for human survival but it must be used in a sustainable manner without compromising with the needs of the present as well as the future generations. In short this mechanism ensures conservation through commercialization. Assam a land of scenic beauty is held as the Biodiversity hotspot for not only India but for the entire world as well. As such Biodiversity laws do play an important role in regulating the human excess to Biological Resources. This book makes an attempt to analyse the role played by the legal framework in regulating the process of conservation and commercialization of Biological Resources with a case study of Kamrup District, Assam and highlights the best practices required for sustainable utilization of such resources.
Book Synopsis Accessing Biological Resources by : Natalie P. Stoianoff
Download or read book Accessing Biological Resources written by Natalie P. Stoianoff and published by Kluwer Law International B.V.. This book was released on 2004-01-01 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Stoianoff (law, University of Wollongong, Australia) collects contributions from lawyers, scientists, and policy makers on issues related to the use of biological and genetic resources for commercial and scientific purposes. While emphasis is on the Convention on Biological Diversity and the Interna.
Book Synopsis A Guide to Designing Legal Frameworks to Determine Access to Genetic Resources by : Lyle Glowka
Download or read book A Guide to Designing Legal Frameworks to Determine Access to Genetic Resources written by Lyle Glowka and published by IUCN. This book was released on 1998 with total page 105 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book highlights some of the principles which should be considered by planners, legislative drafters, and policy-makers as they work to develop legal frameworks on access to genetic resources in their countries. Contextual information on the Convention on Biological Diversity and examples of how countries have approached the issue to date are provided.
Book Synopsis International Law and the Conservation of Biological Diversity by : Michael Bowman
Download or read book International Law and the Conservation of Biological Diversity written by Michael Bowman and published by Kluwer Law International B.V.. This book was released on 1996-01-10 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work presents a thorough analysis of the biodiversity concept in international law and commentary on the 1992 United Nations Convention on Biological Diversity which was opened for signature following the 1992 UN Conference on Environment and Development. This Convention is the first international treaty explicitly to address all aspects of biodiversity ranging from the conservation and sustainable use of biological resources, to access to biotechnology and the safety of activities related to modified living organisms. The work extends beyond the ambit of the Convention itself to examine the conservation of biodiversity in international law generally, including measures for the protection of the terrestrial, marine and Antarctic environment and particular features relating to sustainable use of biological resources, ex-situ conservation and plant genetic resources. It further analyses the controversial issue of intellectual property rights, the problems of implementation in the European Union and the United States, differences between developing and developed states and the role of indigenous peoples. This major new work has been written by members of the Committee on Environmental Law of the British Branch of the International Law Association following an earlier study on the subject of International Law and Global Climate Change (Graham & Trotman, 1991). It is the first major study of the Convention of the context in which it was negotiated, and of the prospects for its implementation, following the entry into force of the Convention on 29 December 1993.
Book Synopsis Routledge Handbook of Biodiversity and the Law by : Charles R. McManis
Download or read book Routledge Handbook of Biodiversity and the Law written by Charles R. McManis and published by Routledge. This book was released on 2017-11-27 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides a reference textbook and comprehensive compilation of multifaceted perspectives on the legal issues arising from the conservation and exploitation of non-human biological resources. Contributors include leading academics, policy-makers and practitioners reviewing a range of socio-legal issues concerning the relationships between humankind and the natural world. The Routledge Handbook of Biodiversity and the Law includes chapters on fundamental and cutting-edge issues, including discussion of major legal instruments such as the Convention on Biological Diversity and the Nagoya Protocol. The book is divided into six distinct parts based around the major objectives which have emerged from legal frameworks concerned with protecting biodiversity. Following introductory chapters, Part II examines issues relating to conservation and sustainable use of biodiversity, with Part III focusing on access and benefit-sharing. Part IV discusses legal issues associated with the protection of traditional knowledge, cultural heritage and indigenous human rights. Parts V and VI focus on a selection of intellectual property issues connected to the commercial exploitation of biological resources, and analyse ethical issues, including viewpoints from economic, ethnobotanical, pharmaceutical and other scientific industry perspectives.
Download or read book Biodiversity written by Usha Tandon and published by Taylor & Francis. This book was released on 2017-11-02 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conservation of biodiversity is a fundamental concern towards securing a sustainable future. This volume argues that despite various domestic and international policies and legal frameworks on biodiversity conservation — be it forest, wildlife, marine, coastal, etc. — their implementation suffers from many deficiencies. It explores the factors that hinder effective implementation of these policies and frameworks. It also analyses existing laws, both international and domestic, to identify inherent problems in the existing legal system. The book maintains that careful adherence to established procedures and protocols, public awareness, filling the lacuna in legal framework, and a strong political will are sine qua non for effective conservation of biodiversity and sustainable development. The volume defends the protection of traditional knowledge and participation of indigenous communities along with reinforcements of intellectual property in this regard. It also commends the role played by the Indian judiciary, especially the Supreme Court of India and India’s National Green Tribunal for the preservation and enhancement of natural resources by applying established as also evolving principles of environmental law. This book will be useful to scholars and researchers of environmental studies, development studies, policy studies and law related to biodiversity and conservation.
Book Synopsis Biological Diversity Conservation and the Law by : Cyrille de Klemm
Download or read book Biological Diversity Conservation and the Law written by Cyrille de Klemm and published by IUCN. This book was released on 1993 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: Covers the full spectrum of legal mechanisms available for conserving biodiversity. Part 1 discusses the scope of state powers to conserve wild species and habitats, legal mechanisms for controlling taking, procedures for listing species in need of conservation measures, mechanisms for controlling trade and the challenges of enforcement. Part 2 covers area-based conservation at local and national level, as well as in transfrontier protected areas and areas beyond national jurisdiction. It discusses public ownership, voluntary agreements, and regulatory measures and looks at a number of innovative instruments, planning controls, incentives and disincentives.
Book Synopsis A Guide to Undertaking Biodiversity Legal and Institutional Profiles by : Lyle Glowka
Download or read book A Guide to Undertaking Biodiversity Legal and Institutional Profiles written by Lyle Glowka and published by World Conservation Union. This book was released on 1998-01-01 with total page 59 pages. Available in PDF, EPUB and Kindle. Book excerpt: Biodiversity-related laws and institutions will be key mechanisms for attaining the objectives of the Convention on biological diversity. As part of the national biodiversity planning process, legal and institutional profiles should be undertaken to ascertain which laws apply to and affect biodiversity and which institutions oversee legislation and portfolios which intersect with biodiversity conservation, sustainable use and benefit-sharing of genetic resources. Drawing on lessons learned in Bangladesh, Cuba and the Gambia, this will provide legal practitioners with background information and a suggested analytical road map for reviewing their country's particular legal and institutional situation.
Book Synopsis Accessing Biodiversity and Sharing the Benefits by : Santiago Carrizosa
Download or read book Accessing Biodiversity and Sharing the Benefits written by Santiago Carrizosa and published by IUCN. This book was released on 2004 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book aims to address the lack of information on the experiences of others by providing a comparative analysis of national access and benefit-sharing laws and policies in the 41 Pacific Rim countries that signed the CBD. It provides key insights on the main characteristics of selected access and benefit-sharing (ABS) policies and laws, their development, and implementation process. It contains a detailed comparative analysis of existing laws and policies. It presents four case studies of countries with regulations in place and contrasts them with four case studies of countries that are struggling to develop their regulations. It ends by discussing options of an international regime on ABS and a summary analysis of the main lessons and recommendations from the study.
Book Synopsis Marine Genetic Resources, Access and Benefit Sharing by : Bevis Fedder
Download or read book Marine Genetic Resources, Access and Benefit Sharing written by Bevis Fedder and published by Routledge. This book was released on 2013-05-29 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: Access to genetic resources and Benefit Sharing (ABS) has been promoted under the Convention on Biological Diversity, with the aim of combining biodiversity conservation goals with economic development. However, as this book shows, since its inception in 1992, implementation has encountered multiple challenges and obstacles. This is particularly so in the marine environment, where interest in genetic resources for pharmaceuticals and nutrients has increased. This is partly because of the lack of clarity of terminology, but also because of the terms of the comprehensive law of the sea (UNCLOS) and transboundary issues of delineating ownership of marine resources. The author explains and compares relevant provisions and concepts under ABS and the law of the sea taking access, benefit sharing, monitoring, compliance, and dispute settlement into consideration. He also provides an overview of the implementation status of ABS-relevant measures in user states and identifies successful ABS transactions. A key unique feature of the book is to illustrate how biological databases can serve as the central scientific infrastructure to implement the global multilateral benefit sharing mechanism, proposed by the Nagoya Protocol. The research for this book was supported by both the Bremen International Graduate School for Marine Sciences (GLOMAR) and the International Research Training Group INTERCOAST – Integrated Coastal Zone and Shelf-Sea Research.
Book Synopsis The Commercial Use of Biodiversity by : Kerry Ten Kate
Download or read book The Commercial Use of Biodiversity written by Kerry Ten Kate and published by Routledge. This book was released on 2019-09-18 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published in 1999 The Commercial Use of Biodiversity examines how biodiversity and the genetic material it contains are now as valuable resources. Access to genetic resources and their commercial development involve a wide range of parties such as conservation and research institutes, local communities, government agencies and companies. Equitable partnerships are not only crucial to conservation and economic development but are also in the interests of business and often required by law. In this authoritative and comprehensive volume, the authors explain the provisions of the Convention on Biological Diversity on access and benefit-sharing, the effect of national laws to implement these, and aspects of typical contracts for the transfer of materials. They provide a unique sector-by-sector analysis of how genetic resources are used, the scientific, technological and regulatory trends and the different markets in Pharmaceuticals, Botanical Medicines, Crop Development, Horticulture, Crop Protection, Biotechnology (in fields other than healthcare and agriculture) and Personal Care and Cosmetics Products. This will be an essential sourcebook for all those in the commercial chain, from raw material collection to product discovery, development and marketing, for governments and policy-makers drafting laws on access and for all the institutions, communities and individuals involved in the conservation, use, study and commercialisation of genetic resources.
Book Synopsis Protecting Biological Diversity by : Carmen Richerzhagen
Download or read book Protecting Biological Diversity written by Carmen Richerzhagen and published by Routledge. This book was released on 2013-04-15 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the last ten years the enormous global loss of biodiversity has received remarkable attention. Among the numerous approaches undertaken to stop or lessen this process, access and benefit-sharing (ABS), a market-based approach, has emerged as among the most prominent. In theory, ABS turns biodiversity and genetic resources from an open access good to a private good and creates a market for genetic resources. It internalizes the resources’ positive externalities by pricing the commercial values for research and development and makes users pay for it. Users’ benefits are shared with the resource holders and set incentives for the sustainable use and the conservation of biodiversity. Carmen Richerzhagen, however, finds that in practice there are significant questions about the effectiveness of the approach in the protection of biodiversity and about the fair and equitable sharing of benefits arising from the commercialization. Utilizing the empirical findings of three case studies of biodiversity-providing countries - Costa Rica, the Philippines and Ethiopia - and one case study of a community of user countries, the European Union (EU), Richerzhagen examines the effectiveness of ABS through the realization of its own objectives.
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.
Book Synopsis The Privatisation of Biodiversity? by : Colin T. Reid
Download or read book The Privatisation of Biodiversity? written by Colin T. Reid and published by Edward Elgar Publishing. This book was released on 2016-08-26 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Current regulatory approaches have not prevented the loss of biodiversity across the world. This book explores the scope to strengthen conservation by using different legal mechanisms such as biodiversity offsetting, payment for ecosystem services and conservation covenants, as well as tradable development rights and taxation. The authors discuss how such mechanisms introduce elemhents of a market approach as well as private sector initiative and resources. They show how examples already in operation serve to highlight the design challenges, legal, technical and ethical, that must be overcome if these mechanisms are to be effective and widely accepted.
Book Synopsis Intellectual Property Rights Trade and Biodiversity by : Graham Dutfield
Download or read book Intellectual Property Rights Trade and Biodiversity written by Graham Dutfield and published by Routledge. This book was released on 2000-03-01 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text examines the international agreements governing trade in genetic resources - crucial resources for world agriculture, food security and large industries such as pharmaceuticals. Intellectual Property Rights (IPRs) in these resources are critical for those involved in the trade, including industry and developing countries. The book analyzes the Convention on Biological Diversity (CBD), World Trade Organization agreements and other agreements. It explains how they can be integrated into an equitable training regime.
Book Synopsis Guidelines for Protected Areas Legislation by : Barbara J. Lausche
Download or read book Guidelines for Protected Areas Legislation written by Barbara J. Lausche and published by IUCN. This book was released on 2011 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: The central aim of this publication is to consider the key elements of a modern, comprehensive, and effective legal framework for successful management of protected areas. They provide practical guidance for all those involved in developing, improving, or reviewing national legislation on protected areas, be they legal drafters and practitioners, protected area managers, interested NGOs, or scholars. These guidelines include fifteen case studies, eight dealing with the protected area legislation of individual countries and six cases dealing with specific sites providing fundamental solutions that stand the test of time.
Book Synopsis A Guide to the Convention on Biological Diversity by :
Download or read book A Guide to the Convention on Biological Diversity written by and published by . This book was released on 1998 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
