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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 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 496 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.
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 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 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 . This book was released on 1993 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 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 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 Biological Diversity Conservation and the Law by : Cyrille de Klemm (jurist)
Download or read book Biological Diversity Conservation and the Law written by Cyrille de Klemm (jurist) and published by . This book was released on 1993 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 The Use of Biodiversity in International Law by : Andreas Kotsakis
Download or read book The Use of Biodiversity in International Law written by Andreas Kotsakis and published by Routledge. This book was released on 2021-05-05 with total page 139 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a legal genealogy of biodiversity – of its strategic use before and after the adoption of the Convention on Biological Diversity, 1993. This history of ‘genetic gold’ details how, with the aid of international law, the idea of biodiversity has been instrumentalized towards political and economic aims. A study of the strategic utility of biodiversity, rather than the utility of its protection under international law, the book’s focus is not, therefore, on the sustainable or non-sustainable use of biodiversity as a natural resource, but rather on its historical use as an intellectual resource. Although biodiversity is still not being effectively conserved, nor sustainably used, the Convention on Biological Diversity and its parent regime persists, now after several decades of operation. This book provides the comprehensive answer to the question of the convention’s continued existence. Drawing from environmental history, the philosophy of science, political economy and development studies, this book will be of interest to advanced undergraduate and postgraduate students in Environmental Law, International Law, Environmental Studies, and Ecology.
Book Synopsis Regulated Use of Biological Resources and Traditional Knowledge for Sustainable Development by : Pushpa Kumar Lakshmanan
Download or read book Regulated Use of Biological Resources and Traditional Knowledge for Sustainable Development written by Pushpa Kumar Lakshmanan and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Biodiversity is the base and source of most of the developmental activities. With the advent of modern biotechnology, the utilization of biological and genetic resources for various developmental ventures in medicine, health products, cosmetics, and industrial products increased manifold. Ever since the Convention on Biological Diversity rolled out a blueprint for conservation of biological diversity, sustainable use of its components and equitable sharing of benefits arising out of utilization of genetic resources and traditional knowledge, the Parties to the Convention recognized them as cardinal principles for sustainable development that depends on biological diversity. The Nagoya Protocol on Access and Benefit Sharing for Utilization of Genetic resources and Traditional Knowledge concretized the legal mandate for facilitated access to genetic resources and traditional knowledge for research and developmental purposes. The Protocol ensured equitable sharing of benefits to the indigenous and local communities that have shared traditional knowledge and contributed for the conservation of biological diversity. Being a party to the Convention on Biological Diversity as well as the Nagoya Protocol, India has been implementing the Convention and the Protocol through the Biological Diversity Act, 2002. The Biological Diversity Act, 2002 provides facilitated access to biological resources and associated knowledge based on prior approval and mutually agreed terms. Even though both the Convention on Biological Diversity and the Nagoya Protocol use the terms “genetic resources,” the Indian Biological Diversity Act regulates “biological resources.” This gives a broader scope to the regulation and benefit sharing. A three tier-mechanism has been created under the Act to regulate access to biological resources and associated knowledge and to ensure benefit sharing. The National Biodiversity Authority at the federal level provides prior approval to the non-Indian entities for research and commercial utilization of biological resources. This Authority also regulates transfer of research results and transfer of accessed biological resource to a third party. Any application for intellectual property protection for any product or process involving biological resources requires prior approval of the National Biodiversity Authority. The State Biodiversity Boards established in the States regulate access to biological resources by the Indian citizens at the state level. Both the National Biodiversity Authority and the State Biodiversity Boards determine benefit sharing at the time of granting approval. However, the State Biodiversity Boards do not have any clear mandate under the Act to accord approval and fix benefit sharing. This issue has been raised in the case of Divya Pharmacy v. Union of India (2018). The Biodiversity Management Committees established at the grassroots level in the local bodies have major duties of conservation and documentation of biodiversity and the associated knowledge available within its jurisdiction. These Committees also have the power to levy access fees from the persons accessing biological resources within its jurisdiction. The Biological Diversity Rules 2004, and the Access and Benefit Sharing Regulations 2014 aid the implementation of Biological Diversity Act. Nevertheless, the implementation of the Biological Diversity Act has been entangled with multiple challenges due to convoluted procedures, different enforcement approaches of State Biodiversity Boards and lack of clarity in the law itself. Hesitation of industry stakeholders to comply with the law and lack of participation and awareness about the access and benefit sharing process on the part of the local communities add the complexity to the implementation of the law. All these issues not only pose threat to the implementation of biodiversity law, but also threat to conservation and sustainable development. This paper will critically analyze the importance of conservation of biological diversity and sustainable use of biological resources globally and in a developing country like India to further sustainable development. It will shed light on the difficulties in implementing the biodiversity law in India. This paper will also examine how access and benefit sharing regime in India impacts research and innovation for sustainable development and how it benefits biodiversity conservation and local communities with the help of case studies.
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.
Book Synopsis Intellectual Property, Community Rights and Human Rights by : Marcelin Tonye Mahop
Download or read book Intellectual Property, Community Rights and Human Rights written by Marcelin Tonye Mahop and published by Routledge. This book was released on 2010-06-10 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the issue of biodiversity in developing countries in relation to intellectual-property rights, community rights and human rights. Drawing together a number of case studies of developing countries rich in biological and genetic resources including India, South Africa and Brazil, the book examines the access to PGRs and their utilizations in the contexts of scientific and commercial oriented activities pursued both in the source and user countries. Exploring how community rights are protected in national biodiversity-related regulations and some international legal instruments, Marcelin Tonye Mahop also discusses the relationship between community rights and human rights in the context of biodiversity. The book looks at the issue of bio-piracy, asking whether this phenomenon should only be seen as a North–South clash, whereby biodiversity rich countries of the Southern Hemisphere blame developed countries and their actors as its principal perpetrators. While recognizing that developing countries' actors play a role in this bio-piracy phenomenon, the book goes on to suggest alternative measures for the legal protection of community rights at the national level with the possibility of national and international enforceability. Essential reading for students and scholars of intellectual-property rights, biodiversity regulations and human rights, this book will also be of great value to researchers and members of professional organizations working in these subject areas. National and regional negotiators in the international processes dealing with the issues covered in the book will find it a useful tool that can help them to understand various facets of these processes.
Author :Karen L. Clark Publisher :Canadian Institute for Environmental Law and Policy = L'institut canadien du droit et de la politique de l'environnement ISBN 13 : Total Pages :110 pages Book Rating :4.0/5 ( download)
Book Synopsis Protecting the Biodiversity of the Americas by : Karen L. Clark
Download or read book Protecting the Biodiversity of the Americas written by Karen L. Clark and published by Canadian Institute for Environmental Law and Policy = L'institut canadien du droit et de la politique de l'environnement. This book was released on 1997 with total page 110 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Assessing the International Forest Regime by : Richard Tarasofsky
Download or read book Assessing the International Forest Regime written by Richard Tarasofsky and published by IUCN. This book was released on 1999 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an assessment of the international forest regime, in reponse to calls from many quarters, including the UN Intergovernmental Forum on Forests (IFF) and the World Commission on Forests and Sustainable Development, as well as several NGOs. The focus is mainly on action taken by countries at the global level, in the framework of legally binding instruments and institutions. It builds on previous analyses of the international forest regime by looking beyond the legal mandates to begin exploring the actual performance of the components against their mandates. With the Intergovernmental Panel on Forests (IPF) Proposals for Action as the point for departure, the effectiveness and impact of individual legal instruments and global instutions are analyzed, as is the potential for synergy between them.
