The Complementarity Between the Nagoya Protocol and Human Rights

The Complementarity Between the Nagoya Protocol and Human Rights PDF

Author: Xiaoou Zheng

Publisher:

Published: 2023

Total Pages: 0

ISBN-13: 9789819935147

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This book studies the questions of how and to what extent the Nagoya Protocol on Access and Benefit-Sharing (ABS) can be interpreted and implemented in light of international human rights law, with a sharpened focus on Indigenous Peoples and local communities. The complementarity thesis is built upon the understanding that ABS and human rights should not and cannot be isolated from one another in order to achieve their respective objectives. A mutually supportive approach to these two bodies of international law is articulated throughout the chapters, covering a wide range of international treaties and 'soft' instruments, as well as the practices of the United Nations, international treaty bodies, courts, other international organizations and sometimes NGOs. Legal researchers, legislators and policymakers, human rights practitioners and indeed anyone interested in the development of a more coherent and integrated system of international ABS framework will find this book helpful, with its succinct coverage of current ABS and human rights laws and practices, their pragmatic implications and possible ways of integration forward.

The Complementarity Between the Nagoya Protocol and Human Rights

The Complementarity Between the Nagoya Protocol and Human Rights PDF

Author: Xiaoou Zheng

Publisher: Springer Nature

Published: 2023-08-15

Total Pages: 187

ISBN-13: 981993513X

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This book studies the questions of how and to what extent the Nagoya Protocol on Access and Benefit-Sharing (ABS) can be interpreted and implemented in light of international human rights law, with a sharpened focus on Indigenous Peoples and local communities. The complementarity thesis is built upon the understanding that ABS and human rights should not and cannot be isolated from one another in order to achieve their respective objectives. A mutually supportive approach to these two bodies of international law is articulated throughout the chapters, covering a wide range of international treaties and ‘soft’ instruments, as well as the practices of the United Nations, international treaty bodies, courts, other international organizations and sometimes NGOs. Legal researchers, legislators and policymakers, human rights practitioners and indeed anyone interested in the development of a more coherent and integrated system of international ABS framework will find this book helpful, with its succinct coverage of current ABS and human rights laws and practices, their pragmatic implications and possible ways of integration forward.

The 2010 Nagoya Protocol on Access and Benefit-sharing in Perspective

The 2010 Nagoya Protocol on Access and Benefit-sharing in Perspective PDF

Author: Elisa Morgera

Publisher: Martinus Nijhoff Publishers

Published: 2012-11-21

Total Pages: 584

ISBN-13: 9004217193

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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.

Geographical Indication Protection in India

Geographical Indication Protection in India PDF

Author: Niharika Sahoo Bhattacharya

Publisher: Springer Nature

Published: 2022-09-13

Total Pages: 255

ISBN-13: 981194296X

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This book is a unique compilation of comprehensive works covering the potentials, challenges, and realities of geographical indications from an Indian perspective. The book encompasses critical studies on legal, regulatory, and institutional frameworks and debates surrounding geographical indications. The concept of geographical indication has not received paramount importance in India compared to the other forms of intellectual property rights like patents and trademarks, while GI is becoming critical in national and international discourses. It aims at presenting both national and international situations and discussions, which will appeal to readers worldwide. This book in its first part elaborately deals with the genesis of the GI Act, and then it goes on to analyze both substantive as well as procedural aspects of the registration under the Indian GI Act and tries to identify the discrepancy and gaps in the laws. Also, a comparative perspective has been built by analyzing the GI laws and regulations of some developed countries with that of India. The challenges in existing regulation for quality control and enforcement of GI products in the Indian GI Act have been dealt comprehensively by the authors which are critical in achieving the stated objectives of the Act. The book also focuses on the role of geographical indication in the socio-economic development of rural India. The authors have illustrated how the GI can act as an effective mechanism for employment generation and sustainable growth opportunities in different sectors like agriculture, food, and handicraft. The interaction of GI with traditional knowledge and biodiversity and their impact on society is also extensively covered. The book contains real-life case studies by the authors from different states of India highlighting the success stories and missed opportunities of different GIs and the way forward where the GI can function as an effective tool for the overall development of a country and promote international trade. The book will provide law students, scholars from legal and IP disciplines, legal practitioners, producers, and policymakers a factual and multidimensional insight into the GI system in India. This will further promote research in this area, particularly from an Asian perspective and enhance the real-life application of GI to varied products.

Natural Resources and Human Rights

Natural Resources and Human Rights PDF

Author: Jérémie Gilbert

Publisher: Oxford University Press, USA

Published: 2018-10-22

Total Pages: 225

ISBN-13: 0198795661

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The management of natural resources is directly related to livelihoods for local communities, but is also intimately linked to broader national and regional economic development, as well as to political stability, peace and security. Natural resources and their effective management are necessary for securing the realisation of human rights. While there is some analysis regarding the emergence of specific relevant areas of human rights, such as the right to water, the right to food, or public participation, there is no systematic and comprehensive study on the potential role that human rights law can play in the management of natural resources. This book provides an in-depth analysis of these developments and how these could contribute to a more comprehensive human rights-based approach to the management of natural resources. In doing so, the author proposes a systematic analysis of the different norms, procedures, and approaches developed under human rights law which are relevant to the management of natural resources. As such, the text offers a human rights-based approach to the development of a legal framework for natural resource management, an area which is currently dominated by investment law and treaties concerning the use and exploitation of natural resources by States and private actors.

Biodiversity and Human Health

Biodiversity and Human Health PDF

Author: Francesca Grifo

Publisher: Island Press

Published: 1997-02-01

Total Pages: 0

ISBN-13: 9781559635004

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The implications of biodiversity loss for the global environment have been widely discussed, but only recently has attention been paid to its direct and serious effects on human health. Biodiversity loss affects the spread of human diseases, causes a loss of medical models, diminishes the supplies of raw materials for drug discovery and biotechnology, and threatens food production and water quality. Biodiversity and Human Health brings together leading thinkers on the global environment and biomedicine to explore the human health consequences of the loss of biological diversity. Based on a two-day conference sponsored by the National Institutes of Health, the National Science Foundation, and the Smithsonian Institution, the book opens a dialogue among experts from the fields of public health, biology, epidemiology, botany, ecology, demography, and pharmacology on this vital but often neglected concern. Contributors discuss the uses and significance of biodiversity to the practice of medicine today, and develop strategies for conservation of these critical resources. Topics examined include: the causes and consequences of biodiversity loss emerging infectious diseases and the loss of biodiversity the significance and use of both prescription and herbal biodiversity-derived remedies indigenous and local peoples and their health care systems sustainable use of biodiversity for medicine an agenda for the future In addition to the editors, contributors include Anthony Artuso, Byron Bailey, Jensa Bell, Bhaswati Bhattacharya, Michael Boyd, Mary S. Campbell, Eric Chivian, Paul Cox, Gordon Cragg, Andrew Dobson, Kate Duffy-Mazan, Robert Engelman, Paul Epstein, Alexandra S. Fairfield, John Grupenhoff, Daniel Janzen, Catherine A. Laughin, Katy Moran, Robert McCaleb, Thomas Mays, David Newman, Charles Peters, Walter Reid, and John Vandermeer. The book provides a common framework for physicians and biomedical researchers who wish to learn more about environmental concerns, and for members of the environmental community who desire a greater understanding of biomedical issues.

International Law and Marine Areas beyond National Jurisdiction

International Law and Marine Areas beyond National Jurisdiction PDF

Author: Vito De Lucia

Publisher: BRILL

Published: 2022-01-31

Total Pages: 469

ISBN-13: 9004506365

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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.

Implementing the Nagoya Protocol

Implementing the Nagoya Protocol PDF

Author: Brendan Coolsaet

Publisher: Hotei Publishing

Published: 2015-04-21

Total Pages: 434

ISBN-13: 9004293213

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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.

Non-State Actors and International Obligations

Non-State Actors and International Obligations PDF

Author: James Summers

Publisher: BRILL

Published: 2018-10-11

Total Pages: 523

ISBN-13: 9004340254

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This collection studies the contribution of non-state actors to international obligations. Chapters by academics and practitioners address the role that these actors play in the sources of obligations, their implementation, human rights aspects, dispute settlement, responsibility and legal accountability.