The Complementarity Between The Nagoya Protocol And Human Rights

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The Complementarity Between the Nagoya Protocol and Human Rights

Author : Xiaoou Zheng
Publisher :
ISBN 13 : 9789819935154
Total Pages : 0 pages
Book Rating : 4.9/5 (351 download)

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Book Synopsis The Complementarity Between the Nagoya Protocol and Human Rights by : Xiaoou Zheng

Download or read book The Complementarity Between the Nagoya Protocol and Human Rights written by Xiaoou Zheng and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book studies the questions of how and to what extent the Nagoya Protocol on Access and Benefit-Sharing (ABS) can be interpreted and implemented in light of international human rights law, with a sharpened focus on Indigenous Peoples and local communities. The complementarity thesis is built upon the understanding that ABS and human rights should not and cannot be isolated from one another in order to achieve their respective objectives. A mutually supportive approach to these two bodies of international law is articulated throughout the chapters, covering a wide range of international treaties and 'soft' instruments, as well as the practices of the United Nations, international treaty bodies, courts, other international organizations and sometimes NGOs. Legal researchers, legislators and policymakers, human rights practitioners and indeed anyone interested in the development of a more coherent and integrated system of international ABS framework will find this book helpful, with its succinct coverage of current ABS and human rights laws and practices, their pragmatic implications and possible ways of integration forward.

The Complementarity Between the Nagoya Protocol and Human Rights

Author : Xiaoou Zheng
Publisher : Springer Nature
ISBN 13 : 981993513X
Total Pages : 187 pages
Book Rating : 4.8/5 (199 download)

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Book Synopsis The Complementarity Between the Nagoya Protocol and Human Rights by : Xiaoou Zheng

Download or read book The Complementarity Between the Nagoya Protocol and Human Rights written by Xiaoou Zheng and published by Springer Nature. This book was released on 2023-08-15 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book studies the questions of how and to what extent the Nagoya Protocol on Access and Benefit-Sharing (ABS) can be interpreted and implemented in light of international human rights law, with a sharpened focus on Indigenous Peoples and local communities. The complementarity thesis is built upon the understanding that ABS and human rights should not and cannot be isolated from one another in order to achieve their respective objectives. A mutually supportive approach to these two bodies of international law is articulated throughout the chapters, covering a wide range of international treaties and ‘soft’ instruments, as well as the practices of the United Nations, international treaty bodies, courts, other international organizations and sometimes NGOs. Legal researchers, legislators and policymakers, human rights practitioners and indeed anyone interested in the development of a more coherent and integrated system of international ABS framework will find this book helpful, with its succinct coverage of current ABS and human rights laws and practices, their pragmatic implications and possible ways of integration forward.

Unraveling the Nagoya Protocol

Author : Elisa Morgera
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004217185
Total Pages : 443 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Unraveling the Nagoya Protocol by : Elisa Morgera

Download or read book Unraveling the Nagoya Protocol written by Elisa Morgera and published by Martinus Nijhoff Publishers. This book was released on 2014-07-25 with total page 443 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Nagoya Protocol is an unprecedented international environmental agreement that equally addresses development, distributive justice, and environmental sustainability. With a balanced view of the various possible interpretations of the Protocol provisions, in light of different national and regional perspectives, and a systematic highlighting of its legal innovations, Unraveling the Nagoya Protocol: A Commentary on the Nagoya Protocol on Access and Benefit-sharing to the Convention on Biological Diversity will serve as a seminal work for all those interested in the environment, human rights, economics and both legal and scientific innovations.

An Explanatory Guide to the Nagoya Protocol on Access and Benefit-sharing

Author : Thomas Greiber
Publisher : IUCN
ISBN 13 : 2831715296
Total Pages : 395 pages
Book Rating : 4.8/5 (317 download)

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Book Synopsis An Explanatory Guide to the Nagoya Protocol on Access and Benefit-sharing by : Thomas Greiber

Download or read book An Explanatory Guide to the Nagoya Protocol on Access and Benefit-sharing written by Thomas Greiber and published by IUCN. This book was released on 2012 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The 2010 Nagoya Protocol on Access and Benefit-sharing in Perspective

Author : Elisa Morgera
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004217193
Total Pages : 584 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis The 2010 Nagoya Protocol on Access and Benefit-sharing in Perspective by : Elisa Morgera

Download or read book The 2010 Nagoya Protocol on Access and Benefit-sharing in Perspective written by Elisa Morgera and published by Martinus Nijhoff Publishers. This book was released on 2012-11-21 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2010 Nagoya Protocol on Access and Benefit-sharing in Perspective analyses the implications of this innovative environmental treaty for different areas of international law, and its implementation challenges in various regions and from the perspectives of various stakeholders.

Implementing the Nagoya Protocol

Author : Brendan Coolsaet
Publisher : Hotei Publishing
ISBN 13 : 9004293213
Total Pages : 434 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Implementing the Nagoya Protocol by : Brendan Coolsaet

Download or read book Implementing the Nagoya Protocol written by Brendan Coolsaet and published by Hotei Publishing. This book was released on 2015-04-23 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: Implementing the Nagoya Protocol compares existing ABS regimes in ten European countries, including one non-EU member and one EU candidate country, and critically explores several cross-cutting issues related to the implementation of the Nagoya Protocol in the EU.

Geographical Indication Protection in India

Author : Niharika Sahoo Bhattacharya
Publisher : Springer Nature
ISBN 13 : 981194296X
Total Pages : 255 pages
Book Rating : 4.8/5 (119 download)

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Book Synopsis Geographical Indication Protection in India by : Niharika Sahoo Bhattacharya

Download or read book Geographical Indication Protection in India written by Niharika Sahoo Bhattacharya and published by Springer Nature. This book was released on 2022-09-13 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a unique compilation of comprehensive works covering the potentials, challenges, and realities of geographical indications from an Indian perspective. The book encompasses critical studies on legal, regulatory, and institutional frameworks and debates surrounding geographical indications. The concept of geographical indication has not received paramount importance in India compared to the other forms of intellectual property rights like patents and trademarks, while GI is becoming critical in national and international discourses. It aims at presenting both national and international situations and discussions, which will appeal to readers worldwide. This book in its first part elaborately deals with the genesis of the GI Act, and then it goes on to analyze both substantive as well as procedural aspects of the registration under the Indian GI Act and tries to identify the discrepancy and gaps in the laws. Also, a comparative perspective has been built by analyzing the GI laws and regulations of some developed countries with that of India. The challenges in existing regulation for quality control and enforcement of GI products in the Indian GI Act have been dealt comprehensively by the authors which are critical in achieving the stated objectives of the Act. The book also focuses on the role of geographical indication in the socio-economic development of rural India. The authors have illustrated how the GI can act as an effective mechanism for employment generation and sustainable growth opportunities in different sectors like agriculture, food, and handicraft. The interaction of GI with traditional knowledge and biodiversity and their impact on society is also extensively covered. The book contains real-life case studies by the authors from different states of India highlighting the success stories and missed opportunities of different GIs and the way forward where the GI can function as an effective tool for the overall development of a country and promote international trade. The book will provide law students, scholars from legal and IP disciplines, legal practitioners, producers, and policymakers a factual and multidimensional insight into the GI system in India. This will further promote research in this area, particularly from an Asian perspective and enhance the real-life application of GI to varied products.

Natural Resources and Human Rights

Author : Jérémie Gilbert
Publisher : Oxford University Press, USA
ISBN 13 : 0198795661
Total Pages : 225 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Natural Resources and Human Rights by : Jérémie Gilbert

Download or read book Natural Resources and Human Rights written by Jérémie Gilbert and published by Oxford University Press, USA. This book was released on 2018-10-22 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: The management of natural resources is directly related to livelihoods for local communities, but is also intimately linked to broader national and regional economic development, as well as to political stability, peace and security. Natural resources and their effective management are necessary for securing the realisation of human rights. While there is some analysis regarding the emergence of specific relevant areas of human rights, such as the right to water, the right to food, or public participation, there is no systematic and comprehensive study on the potential role that human rights law can play in the management of natural resources. This book provides an in-depth analysis of these developments and how these could contribute to a more comprehensive human rights-based approach to the management of natural resources. In doing so, the author proposes a systematic analysis of the different norms, procedures, and approaches developed under human rights law which are relevant to the management of natural resources. As such, the text offers a human rights-based approach to the development of a legal framework for natural resource management, an area which is currently dominated by investment law and treaties concerning the use and exploitation of natural resources by States and private actors.

Biodiversity and Human Health

Author : Francesca Grifo
Publisher : Island Press
ISBN 13 : 9781559635004
Total Pages : 0 pages
Book Rating : 4.6/5 (35 download)

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Book Synopsis Biodiversity and Human Health by : Francesca Grifo

Download or read book Biodiversity and Human Health written by Francesca Grifo and published by Island Press. This book was released on 1997-02-01 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The implications of biodiversity loss for the global environment have been widely discussed, but only recently has attention been paid to its direct and serious effects on human health. Biodiversity loss affects the spread of human diseases, causes a loss of medical models, diminishes the supplies of raw materials for drug discovery and biotechnology, and threatens food production and water quality. Biodiversity and Human Health brings together leading thinkers on the global environment and biomedicine to explore the human health consequences of the loss of biological diversity. Based on a two-day conference sponsored by the National Institutes of Health, the National Science Foundation, and the Smithsonian Institution, the book opens a dialogue among experts from the fields of public health, biology, epidemiology, botany, ecology, demography, and pharmacology on this vital but often neglected concern. Contributors discuss the uses and significance of biodiversity to the practice of medicine today, and develop strategies for conservation of these critical resources. Topics examined include: the causes and consequences of biodiversity loss emerging infectious diseases and the loss of biodiversity the significance and use of both prescription and herbal biodiversity-derived remedies indigenous and local peoples and their health care systems sustainable use of biodiversity for medicine an agenda for the future In addition to the editors, contributors include Anthony Artuso, Byron Bailey, Jensa Bell, Bhaswati Bhattacharya, Michael Boyd, Mary S. Campbell, Eric Chivian, Paul Cox, Gordon Cragg, Andrew Dobson, Kate Duffy-Mazan, Robert Engelman, Paul Epstein, Alexandra S. Fairfield, John Grupenhoff, Daniel Janzen, Catherine A. Laughin, Katy Moran, Robert McCaleb, Thomas Mays, David Newman, Charles Peters, Walter Reid, and John Vandermeer. The book provides a common framework for physicians and biomedical researchers who wish to learn more about environmental concerns, and for members of the environmental community who desire a greater understanding of biomedical issues.

Non-State Actors and International Obligations

Author : James Summers
Publisher : BRILL
ISBN 13 : 9004340254
Total Pages : 523 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Non-State Actors and International Obligations by : James Summers

Download or read book Non-State Actors and International Obligations written by James Summers and published by BRILL. This book was released on 2018-10-11 with total page 523 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection studies the contribution of non-state actors to international obligations. Chapters by academics and practitioners address the role that these actors play in the sources of obligations, their implementation, human rights aspects, dispute settlement, responsibility and legal accountability.

Indigenous Peoples and International Trade

Author : John Borrows
Publisher : Cambridge University Press
ISBN 13 : 1108659179
Total Pages : 355 pages
Book Rating : 4.1/5 (86 download)

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Book Synopsis Indigenous Peoples and International Trade by : John Borrows

Download or read book Indigenous Peoples and International Trade written by John Borrows and published by Cambridge University Press. This book was released on 2020-06-18 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United Nations Declaration on the Rights of Indigenous Peoples is seen primarily as an international human rights instrument. However, the Declaration also encompasses cultural, social and economic rights. Taken in the context of international trade and investment, the UN Declaration is a valuable tool to support economic self-determination of Indigenous peoples. This volume explores the emergence of Indigenous peoples' participation in international trade and investment, as well as how it is shaping legal instruments in environment and trade, intellectual property and traditional knowledge. One theme that is explored is agency. From amicus interventions at the World Trade Organization to developing a future precedent for a 'Trade and Indigenous Peoples Chapter', Indigenous peoples are asserting their right to patriciate in decision-making. The authors, both Indigenous and non-Indigenous experts on trade and investment legal, provide needed ideas and recommendations for governments, academia and policy thinkers to achieve economic reconciliation.

Traditional Knowledge, Genetic Resources, Customary Law and Intellectual Property

Author : Paul Kuruk
Publisher : Edward Elgar Publishing
ISBN 13 : 1785368486
Total Pages : 582 pages
Book Rating : 4.7/5 (853 download)

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Book Synopsis Traditional Knowledge, Genetic Resources, Customary Law and Intellectual Property by : Paul Kuruk

Download or read book Traditional Knowledge, Genetic Resources, Customary Law and Intellectual Property written by Paul Kuruk and published by Edward Elgar Publishing. This book was released on 2020-03-28 with total page 582 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines the national, regional and international frameworks of protection of traditional knowledge in all regions of the world. It also discusses options to enhance the existing legal regimes including the use of customary laws and protocols; the adoption of mutual recognition agreements premised on the principle of reciprocity; and the disclosure of source or country of origin of traditional knowledge in intellectual property applications.

Incorporating Indigenous Rights in the International Regime on Biodiversity Protection

Author : Federica Cittadino
Publisher : BRILL
ISBN 13 : 9004364404
Total Pages : 401 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Incorporating Indigenous Rights in the International Regime on Biodiversity Protection by : Federica Cittadino

Download or read book Incorporating Indigenous Rights in the International Regime on Biodiversity Protection written by Federica Cittadino and published by BRILL. This book was released on 2019-08-12 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Incorporating Indigenous Rights in the International Regime on Biodiversity Protection, Federica Cittadino convincingly interprets the Convention on Biological Diversity (CBD) and its related instruments in light of indigenous rights and the principle of self-determination.

The Judicial Application of Human Rights Law

Author : Nihal Jayawickrama
Publisher : Cambridge University Press
ISBN 13 : 9780521780421
Total Pages : 1104 pages
Book Rating : 4.7/5 (84 download)

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Book Synopsis The Judicial Application of Human Rights Law by : Nihal Jayawickrama

Download or read book The Judicial Application of Human Rights Law written by Nihal Jayawickrama and published by Cambridge University Press. This book was released on 2002-12-12 with total page 1104 pages. Available in PDF, EPUB and Kindle. Book excerpt: 10 The right to life

Genetic Resources as Natural Information

Author : Manuel Ruiz Muller
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.

Critical Indigenous Rights Studies

Author : Giselle Corradi
Publisher : Routledge
ISBN 13 : 135174755X
Total Pages : 238 pages
Book Rating : 4.3/5 (517 download)

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Book Synopsis Critical Indigenous Rights Studies by : Giselle Corradi

Download or read book Critical Indigenous Rights Studies written by Giselle Corradi and published by Routledge. This book was released on 2018-08-17 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: The field of ‘critical indigenous rights studies’ is a complex one that benefits from an interdisciplinary perspective and a realist (as opposed to an idealised) approach to indigenous peoples. This book draws on sociology of law, anthropology, political sciences and legal sciences in order to address emerging issues in the study of indigenous rights and identify directions for future research. The first part of the volume investigates how changing identities and cultures impact rights protection, analysing how policies on development and land, and processes such as migration, interrelate with the mobilisation of identities and the realisation of rights. In the second part, new approaches related to indigenous peoples’ rights are scrutinised as to their potential and relevance. They include addressing legal tensions from an indigenous peoples’ rights perspective, creating space for counter-narratives on international law and designing new instruments. Throughout the text, case studies with wide geographical scope are presented, ranging from Latin America (the book’s focus) to Egypt, Rwanda and Scandinavia.

Indigenous Governance of Traditional Knowledge

Author : Neva Collings
Publisher : Taylor & Francis
ISBN 13 : 1000927687
Total Pages : 228 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis Indigenous Governance of Traditional Knowledge by : Neva Collings

Download or read book Indigenous Governance of Traditional Knowledge written by Neva Collings and published by Taylor & Francis. This book was released on 2023-08-17 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the issue of Indigenous peoples' participation in genetic resource access and benefit-sharing and associated traditional knowledge for self-determination. Genetic resources from nature are increasingly used in global biodiscovery research and development, but they often use Indigenous peoples’ traditional knowledge without their consent and without sharing the benefit. The Nagoya Protocol is an instrument of the Convention on Biological Diversity intended to ensure Indigenous peoples’ traditional knowledge is used with their prior and informed consent or approval and entails benefit-sharing on mutually agreed terms. Many countries with significant Indigenous populations have signed the Nagoya Protocol and are currently grappling with implementation of its provisions. This book takes up a case study of Australia to demonstrate how Indigenous community governance in settler states can serve as a path to implementing the Nagoya Protocol. Australia’s access and benefitsharing framework is globally hailed as best practice, offering lessons for other countries implementing the Nagoya Protocol. Focusing on two Indigenous community organisations in Australia, the book establishes a unique evaluative framework for analysing and differentiating the governance arrangements used by Indigenous communities for facilitating decision-making related to traditional knowledge. This book will appeal to scholars working in the areas of international environmental law, human rights, biotechnology law, and Indigenous legal issues; as well as those directly engaged in implementing access and benefit-sharing measures and developing law reform strategies.