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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.
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.
Foreword; Acknowledgements; List of Abbreviations; Table of Legal Materials Cited; Introduction; 1 The International Debate on Access and Benefit-sharing; 1.1 Asymmetries and the Ethical Rationale for ABS; 1.2 An Incentive-based Approach to Biodiversity Conservation and the Economic Rationale for ABS; 1.3 The ABS Provisions of the CBD; 2 From the CBD to the Nagoya Protocol via the Bonn Guidelines; 3 Traditional Knowledge and ABS; 4 Indigenous Peoples and Local Communities as Beneficiaries of the CBD and the Nagoya Protocol.
The Nagoya Protocol to the Convention on Biological Diversity (CBD) is rapidly receiving signatures and ratifications. Many countries are preparing to implement the protocol through national research permit systems and/or biodiversity laws. Yet there is still considerable confusion about how to implement the Protocol, regarding access and benefit-sharing (ABS) procedures, and minimal experience in many countries. This book seeks to remedy this gap in understanding by analysing a number of ABS case studies in light of the Nagoya Protocol. The case studies are wide-ranging, with examples of plants for medicinal, cosmetic, biotech and food products from or for development in Australia, North Africa, Madagascar, Switzerland, Thailand, USA and Oceania. These will encourage countries to develop national systems which maximise their benefits (both monetary and non-monetary) towards conservation and support for local communities that hold traditional knowledge. In addition, the author analyses new expectations raised by the Nagoya Protocol, such as the encouragement of the development of community protocols by indigenous and local communities. As a result, stakeholders and policy-makers will be able to learn the steps involved in establishing ABS agreements, issues that arise between stakeholders, and the types of benefits that might be realistic.
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.
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. Cittadino’s harmonisation of these formally separated regimes serves at least two main purposes. First, it ensures respect for the human rights framework that protects indigenous rights whilst implementing the biodiversity regime. Second, harmonisation allows for the full operationalisation of the indigenous related provisions of the CBD framework that concern traditional knowledge, genetic resources, and protected areas. Federica Cittadino successfully demonstrates that the CBD may allow for the protection of indigenous rights in ways that are more advanced than under current human rights law.
This book analyses the status and prospects of the global governance of Access Benefit Sharing (ABS) in the aftermath of 2010’s Nagoya Protocol to the Convention on Biological Diversity (CBD). The CBD’s initial 1992 framework of global ABS governance established the objective of sharing the benefits arising from the use of genetic resources fairly between countries and communities. Since then, ABS has been a contested issue in international politics – not least due to the failure of effective implementation of the original CBD framework. The Nagoya Protocol therefore aims to improve and enhance this framework. Compared to the slow rate of progress on climate change, it has been considered a major achievement of global environmental governance, but it has also been coined a ‘masterpiece of ambiguity’. This book analyses the role of a variety of actors in the emergence of the Nagoya Protocol and provides an up-to-date assessment of the core features of the architecture of global ABS governance. This book offers a central resource regarding ABS governance for those working on and interested in global environmental governance. This is achieved by focusing on two broad themes of the wider research agenda on global environmental governance, namely architecture and agency. Furthermore, individual chapter contributions relate and link ABS governance to other prominent debates in the field, such as institutional complexes, compliance, market-based approaches, EU leadership, the role of small states, the role of non-state actors and more. Partly due to its seeming technical complexity, ABS governance has so far not been at the centre of attention of scholars and practitioners of global environmental governance. In this book, care is taken to provide an accessible account of key functional features of the governance system which enables non-specialists to gain a grasp on the main issues involved, allowing the issue of ABS governance to move centre-stage and be more fully recognised in discussions on global environmental governance.
Access to genetic resources and Benefit Sharing (ABS) has been promoted under the Convention on Biological Diversity, with the aim of combining biodiversity conservation goals with economic development. However, as this book shows, since its inception in 1992, implementation has encountered multiple challenges and obstacles. This is particularly so in the marine environment, where interest in genetic resources for pharmaceuticals and nutrients has increased. This is partly because of the lack of clarity of terminology, but also because of the terms of the comprehensive law of the sea (UNCLOS) and transboundary issues of delineating ownership of marine resources. The author explains and compares relevant provisions and concepts under ABS and the law of the sea taking access, benefit sharing, monitoring, compliance, and dispute settlement into consideration. He also provides an overview of the implementation status of ABS-relevant measures in user states and identifies successful ABS transactions. A key unique feature of the book is to illustrate how biological databases can serve as the central scientific infrastructure to implement the global multilateral benefit sharing mechanism, proposed by the Nagoya Protocol. The research for this book was supported by both the Bremen International Graduate School for Marine Sciences (GLOMAR) and the International Research Training Group INTERCOAST – Integrated Coastal Zone and Shelf-Sea Research.
Presents the first comprehensive study of Indigenous perspectives on genetic resources, traditional knowledge, and access and benefit sharing in Canada. This book is also available as Open Access.