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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.
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.
The adoption of the Nagoya Protocol on Access and Benefit-sharing to the Convention on Biological Diversity in 2010 is a major landmark for the global governance of genetic resources and traditional knowledge. The way in which it will be translated into practice will however depend on the concrete implementation in national country legislation across the world. 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. Gathering some of the most professional and widely acclaimed experts in ABS issues, this book takes a major step towards filling a gap in the vast body of literature on national and regional implementation of global commitments regarding ABS and traditional knowledge.
This book provides a first-of-its-kind review and analysis of benefit sharing frameworks between extractive industries and Indigenous and local communities in different parts of the Arctic. The authors describe a wealth of case studies in order to examine predominant practices, policies, arrangements, mechanisms and impact assessment methodologies. They also discuss possible ways to improve and advance existing benefit sharing regimes, in order to attain fair and equitable benefit sharing and support sustainable development. Among the topics covered in the book are corporate social responsibility and social license to operate, principles and methodologies of determining compensation, legal and informal frameworks of benefit sharing, community response to extractive activities, and global-to-local linkages that shape benefit sharing processes. The book will be of interest to academics, industry experts, legal specialists, policymakers, community members concerned with industrial activities, and anyone interested in sustainable development in the Arctic.
Divided into three sections, this book explores the three main pillars of sustainable development, namely economy, environment and society, and their interlinkages at the regional level. The first section, Access and Benefit Sharing (ABS) for sustainable development, focuses on international agreements and national legislation, as well as the challenges in implementing ABS in e.g. India. In turn, the second section examines the process of forming Biodiversity Management Committees (BMCs) at the Local Self Government (LSG) level to promote environmental sustainability, highlighting local and community-level conservation initiatives that have led to the conservation of habitats and species. The third section addresses poverty eradication and food security. The case studies included demonstrate how the combination of traditional knowledge and modern techniques can enhance the productivity of traditional crop varieties, yielding greater benefits for communities. The aim of this volume is to disseminate the lessons learned from these case studies, as well as the findings from projects already in place, which can offer recommendations that can be applied to similar problems elsewhere in an attempt to find environmental solutions for sustainable development. Further, it introduces readers to new approaches to inclusive development, demonstrating that participation and grass root empowerment are key drivers of equitable and sustainable development.
This book investigates competing constructions of areas beyond national jurisdiction, and their role in the creation and articulations of legal principles, providing a broader perspective on the ongoing negotiation at the UN on marine biodiversity beyond national jurisdiction.
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.
"This book is based on presentations made at the Malmö Conference by many of the most knowledgeable experts on both the on-going bbnj negotiations at the United Nations and on the well- established UNCLOS principles and rules. The Malmö Conference featured remarks by distinguished diplomats followed by six parts devoted to identifying the major issues at the bbnj negotiations"--
This open access book identifies and discusses biodiversity’s contribution to physical, mental and spiritual health and wellbeing. Furthermore, the book identifies the implications of this relationship for nature conservation, public health, landscape architecture and urban planning – and considers the opportunities of nature-based solutions for climate change adaptation. This transdisciplinary book will attract a wide audience interested in biodiversity, ecology, resource management, public health, psychology, urban planning, and landscape architecture. The emphasis is on multiple human health benefits from biodiversity - in particular with respect to the increasing challenge of climate change. This makes the book unique to other books that focus either on biodiversity and physical health or natural environments and mental wellbeing. The book is written as a definitive ‘go-to’ book for those who are new to the field of biodiversity and health.