| Description |
1 online resource (xxvi, 417 pages). |
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text file PDF rda |
| Series |
Legal studies on access and benefit-sharing, 2213-493X ; volume 2 |
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Legal studies on access and benefit-sharing ; v. 2.
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| Bibliography |
Includes bibliographical references (pages 390-411) and index. |
| Note |
Print version record. |
| Contents |
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. |
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4.1 Internationally Recognized Human Rights of Indigenous Peoples4.2 Internationally Recognized Rights of Local Communities; 4.3 Human Rights-related Risks and Opportunities, Limitations and Innovations under the Protocol; 5 About This Commentary; Article 1. Objective; 1 Overview; 2 Objective and Means; 3 Traditional Knowledge; 4 Links with Conservation and Sustainable Use; 5 Legal and Practical Functions; Article 2. Use of Terms; 1 Overview; 2 Utilization of Genetic Resources; 2.1 The Intent; 2.2 The Material; 2.2.1 Derivatives; 2.2.2 Commodities in Trade; 3 Utilization of Traditional Knowl. |
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Article 3. Scope1 Overview; 2 Subject-matter Scope; 2.1 Human Genetic Resources; 3 Outstanding Questions; 3.1 Temporal Scope; 3.2 Spatial Scope; Article 4. Relationship with International Agreements and Instruments; 1 Overview; 2 Relationship with Existing Agreements; 3 Relationships with Future Agreements; 3.1 WIPO Negotiations; 4 Relationship with Specialized ABS Instruments; 4.1 Genetic Resources Covered by the ITPGRFA; 4.2 Genetic Resources with Pathogenic Properties; 4.3 Marine Genetic Resources in Areas Beyond National Jurisdiction; 4.4 CGRFA. |
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Article 5. Fair and Equitable Benefit-sharing1 Overview; 2 Inter-State Benefit-sharing from the Utilization of Genetic Resources; 3 Intra-State Benefit-sharing from the Utilization of Genetic Resources Held by Indigenous and Local Communities; 3.1 States' Obligation; 3.2 'Established Rights' and Other Qualifications; 4 Benefit-sharing from the Utilization of Traditional Knowledge; 5 The Role of Mutually Agreed Terms; 6 Monetary and Non-monetary Benefits; Article 6. Access to Genetic Resources; 1 Overview; 2 Background; 3 Access to Genetic Resources: The Inter-State Dimension. |
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3.1 National Sovereignty over Genetic Resources and Domestic Measures on Access3.2 The Concept of State PIC; 4 Access to Genetic Resources Held by Indigenous and Local Communities; 4.1 Parties' Obligation; 4.2 The Concept of Community PIC Concerning Genetic Resources; 4.2.1 Approval and Involvement; 4.2.2 Community PIC and Private-sector Users; 5 Access Standards; 5.1 Legal Certainty, Clarity and Transparency; 5.2 Fair and Non-arbitrary Access Rules and Procedures; 6 Minimum Procedural Requirements for PIC; 7 Minimum Requirements for MAT. |
| Summary |
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 |
| Subject |
Convention on Biological Diversity (1992 June 5). Protocols, etc. (2010 October 29)
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Convention on Biological Diversity (1992 June 5) (OCoLC)fst01773999
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Biodiversity conservation -- Law and legislation.
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Nature conservation -- Law and legislation.
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Renewable natural resources -- Law and legislation.
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Sustainable development -- Law and legislation.
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Environmental law, International.
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Biodiversity conservation -- Law and legislation.
(OCoLC)fst01429875
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Environmental law, International. (OCoLC)fst00913170
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Nature conservation -- Law and legislation.
(OCoLC)fst01034646
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Renewable natural resources -- Law and legislation.
(OCoLC)fst01094609
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Sustainable development -- Law and legislation.
(OCoLC)fst01139748
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LAW / Environmental.
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| Added Author |
Tsioumani, Elsa, author.
|
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Buck, Matthias (Writer on Nagoya Protocol), author.
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| Other Form: |
Print version:Morgera, Elisa. Unraveling the Nagoya Protocol. Leiden ; Boston : Brill, [2014] 9789004217171 (DLC) 2014021779 (OCoLC)880243262 |
| ISBN |
9789004217188 (electronic bk.) |
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9004217185 (electronic bk.) |
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9789004217171 |
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9004217177 |
