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Indigenous Peoples Consent And Benefit Sharing

Author: Rachel Wynberg
Publisher: Springer Science & Business Media
ISBN: 9789048131235
Size: 54.94 MB
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Indigenous Peoples, Consent and Benefit Sharing is the first in-depth account of the Hoodia bioprospecting case and use of San traditional knowledge, placing it in the global context of indigenous peoples’ rights, consent and benefit-sharing. It is unique as the first interdisciplinary analysis of consent and benefit sharing in which philosophers apply their minds to questions of justice in the Convention on Biological Diversity (CBD), lawyers interrogate the use of intellectual property rights to protect traditional knowledge, environmental scientists analyse implications for national policies, anthropologists grapple with the commodification of knowledge and, uniquely, case experts from Asia, Australia and North America bring their collective expertise and experiences to bear on the San-Hoodia case.

Benefit Sharing

Author: Doris Schroeder
Publisher: Springer Science & Business Media
ISBN: 9400762054
Size: 48.98 MB
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Biomedical research is increasingly carried out in low- and middle-income countries. International consensus has largely been achieved around the importance of valid consent and protecting research participants from harm. But what are the responsibilities of researchers and funders to share the benefits of their research with research participants and their communities? After setting out the legal, ethical and conceptual frameworks for benefit sharing, this collection analyses seven historical cases to identify the ethical and policy challenges that arise in relation to benefit sharing. A series of recommendations address possible ways forward to achieve justice for research participants in low- and middle-income countries.

The 2010 Nagoya Protocol On Access And Benefit Sharing In Perspective

Author: Elisa Morgera
Publisher: Martinus Nijhoff Publishers
ISBN: 9004217207
Size: 22.95 MB
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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.

Unraveling The Nagoya Protocol

Author: Elisa Morgera
Publisher: Martinus Nijhoff Publishers
ISBN: 9004217185
Size: 34.10 MB
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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.

Equitable Access To Human Biological Resources In Developing Countries

Author: Roger Chennells
Publisher: Springer
ISBN: 3319197258
Size: 76.84 MB
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The main question explored by the book is: How can cross-border access to human genetic resources, such as blood or DNA samples, be governed in such a way as to achieve equity for vulnerable populations in developing countries? The book situates the field of genomic and genetic research within global health and research frameworks, describing the concerns that have been raised about the potential unfairness in exchanges during recent decades. Access to and sharing in the benefits of human biological resources are aspects not regulated by any international legal framework such as the Convention on Biological Diversity, which applies only to the exchange of plants, animals and microorganisms, as well as to associated traditional knowledge. Examples of genetic research perceived as exploitative are provided in order to illustrate the legal vacuum concerning the global governance of human genetic resources. The main conclusions drawn from the legal and ethical analysis are: • Benefit sharing is crucial in order to avoid the exploitation of developing countries in human genetic research. • With functioning research ethics committees, undue inducement is less of a concern in genetic research than in other areas of medical research (e.g. clinical trials). • Concerns remain over research involving indigenous populations; accordingly, recommendations are provided. In drawing these conclusions, the book addresses in detail a highly pressing topic in global bioethics and international law. In this regard, it combines bioethical arguments with jurisprudence, in particular with reference to the law of equity and the legal concepts of duress (coercion), unconscionable dealing, and undue inducement.

Poor People S Knowledge

Author: J. Michael Finger
Publisher: World Bank Publications
ISBN: 0821383698
Size: 49.10 MB
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How can we help poor people earn more from their knowledge rather than from their sweat and muscle alone? This book is about increasing the earnings of poor people in poor countries from their innovation, knowledge, and creative skills. Case studies look at the African music industry; traditional crafts and ways to prevent counterfeit crafts designs; the activities of fair trade organizations; biopiracy and the commercialization of ethnobotanical knowledge; the use of intellectual property laws and other tools to protect traditional knowledge. The contributors' motivation is sometimes to maintain the art and culture of poor people, but they recognize that except in a museum setting, no traditional skill can live on unless it has a viable market. Culture and commerce more often complement than conflict in the cases reviewed here. The book calls attention to the unwritten half of the World Trade Organization's Agreement on the Trade Related Aspects of Intellectual Property (TRIPS). TRIPS is about knowledge that industrial countries own, and which poor people buy. This book is about knowledge that poor people in poor countries generate and have to sell. It will be of interest to students and scholars of international trade and law, and to anyone with an interest in ways developing countries can find markets for cultural, intellectual, and traditional knowledge.

Traditional Knowledge In Policy And Practice

Author: Suneetha M. Subramanian
Publisher:
ISBN: 9789280811919
Size: 19.71 MB
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Traditional knowledge (TK), the longstanding traditions and practices of certain communities, has contributed immensely to shaping development and human well-being. Its influence spans a variety of sectors, including agriculture, health, education, and governance. However, TK is increasingly underrepresented or underutilized. And, while the applicability of TK to human and environmental welfare is well recognized, collated information on how TK contributes to different sectors is not easily accessible. This book focuses on the relevance of TK to key environment-and development-related sectors. It discusses the current debates within each of these sectors and presents suggestions as to how TK can be effectively integrated with conventional science and policy. A valuable resource to researchers, academics, and policymakers, Traditional Knowledge in Policy and Practice provides a comprehensive overview of TK and its links and contributions to social, economic, environmental, ethical, and political issues. "This collection, which comprises chapters by experts from a wide range of backgrounds, including traditional knowledge-holding communities, should leave policymakers in no doubt that protecting TK is not only vital for indigenous peoples but for the common future of all of humanity."—Graham Dutfield, professor of international governance, School of Law, University of Leeds

Drafting Successful Access And Benefit Sharing Contracts

Author: Tomme Rosanne Young
Publisher: BRILL
ISBN: 9004356576
Size: 23.47 MB
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Drafting Successful Access and Benefit-sharing Contracts gives an insightful and profound analysis of how contracts should be drafted so that biotechnology users and providers of genetic resources get access and become bound to share benefits from use of biological diversity.

Ethnobotany

Author: Gary J. Martin
Publisher: Earthscan
ISBN: 1844070840
Size: 44.48 MB
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Aviation is integral to the global economy but it is also one of the main obstacles to environmentally sustainable development. It is one of the world's fastest growing - and most polluting - industries. What can be done to retain the economic and other b