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.
Author(s): Charles Lawson, Michelle Rourke, Fran Humphries
Publisher: Routledge/Glasshouse
Year: 2022
Language: English
Pages: 332
City: London
Cover
Half Title
Title Page
Copyright Page
Dedication
Table of Contents
List of table and figure
Acknowledgements
About the contributors
Abbreviations and acronyms
Chapter 1 Finding Solutions to the Intractable ABS Problems
Theme 1 Governance Issues (Working Better)
Chapter 2 The CBD’s Term ‘Sovereign Right(s)’ Does Not Necessarily Mean Sovereignty
Chapter 3 Common Heritage or Sovereign Resource?: The World Health Organization’s Inconsistent Approach to Pathogen Sharing
Chapter 4 Access and Benefit Sharing in a Pandemic Treaty and Future International Public Health Agreements
Chapter 5 Access and Benefit Sharing and Biodiversity Conservation: The Unrealised Connection
Chapter 6 Message in a Bottle: DNA Computers Challenge Access and Benefit Sharing Regulation
Theme 2 ‘Digital Sequence Information’ and Dealing with Information
Chapter 7 What Should We Mean by ‘Open Access’?
Chapter 8 Value Judgements and the Management of Digital Sequence Information under the International Access and Benefit Sharing Regime
Chapter 9 Access and Benefit Sharing and Digital Sequence Information: Unravelling the Knot
Chapter 10 Compatible or Incompatible?: DSI, Open Access and Benefit Sharing
Chapter 11 Access and Benefit Sharing and Digital Sequence Information in Africa: A Critical Analysis of Contemporary Concerns in Regional Governance
Theme 3 Embracing Indigenous Peoples and Local Communities
Chapter 12 Biocultural Community Protocols: Making Space for Indigenous and Local Cultures in Access and Benefit Sharing?
Chapter 13 Access and Benefit Sharing and Biocultural Protocols in the Pacific
Chapter 14 Biological Resources as Cultural Property and Cultural Heritage
Theme 4 Compliance Measures for the Users of Genetic Resources
Chapter 15 ABS from the Perspective of an Intellectual Property Professional at a Public Research Institution
Chapter 16 Which Nagoya Protocol?: User-Driven Solutions to the Legal Uncertainty Created by Nagoya
Chapter 17 The Torres Strait Eight: Climate Litigation, Biodiversity, Human Rights and Indigenous Intellectual Property
Chapter 18 Monitoring Compliance with Nagoya: Lessons from India on Building a Techno-Legal Infrastructure to Track Bioprospecting Activities
Index
