indigenous peoples consent and benefit sharing lessons from the san hoodia case

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Indigenous Peoples Consent And Benefit Sharing

Author : Rachel Wynberg
ISBN : 9048131235
Genre : Law
File Size : 20. 71 MB
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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.

Benefit Sharing

Author : Doris Schroeder
ISBN : 9789400762053
Genre : Law
File Size : 45. 2 MB
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Biomedical research is increasingly carried out in low- and middle-income countries. International consensus has largely been achieved around the importance of valid consent and protecting research participants from harm. But what are the responsibilities of researchers and funders to share the benefits of their research with research participants and their communities? After setting out the legal, ethical and conceptual frameworks for benefit sharing, this collection analyses seven historical cases to identify the ethical and policy challenges that arise in relation to benefit sharing. A series of recommendations address possible ways forward to achieve justice for research participants in low- and middle-income countries.

The 2010 Nagoya Protocol On Access And Benefit Sharing In Perspective

Author : Elisa Morgera
ISBN : 9789004217201
Genre : Law
File Size : 50. 17 MB
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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.

Unraveling The Nagoya Protocol

Author : Elisa Morgera
ISBN : 9789004217188
Genre : Law
File Size : 44. 94 MB
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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, economics and both legal and scientific innovations.

Poor People S Knowledge

Author : J. Michael Finger
ISBN : 9780821383698
Genre : Law
File Size : 35. 59 MB
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How can we help poor people earn more from their knowledge rather than from their sweat and muscle alone? This book is about increasing the earnings of poor people in poor countries from their innovation, knowledge, and creative skills. Case studies look at the African music industry; traditional crafts and ways to prevent counterfeit crafts designs; the activities of fair trade organizations; biopiracy and the commercialization of ethnobotanical knowledge; the use of intellectual property laws and other tools to protect traditional knowledge. The contributors' motivation is sometimes to maintain the art and culture of poor people, but they recognize that except in a museum setting, no traditional skill can live on unless it has a viable market. Culture and commerce more often complement than conflict in the cases reviewed here. The book calls attention to the unwritten half of the World Trade Organization's Agreement on the Trade Related Aspects of Intellectual Property (TRIPS). TRIPS is about knowledge that industrial countries own, and which poor people buy. This book is about knowledge that poor people in poor countries generate and have to sell. It will be of interest to students and scholars of international trade and law, and to anyone with an interest in ways developing countries can find markets for cultural, intellectual, and traditional knowledge.

Equitable Access To Human Biological Resources In Developing Countries

Author : Roger Chennells
ISBN : 9783319197258
Genre : Medical
File Size : 57. 26 MB
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The main question explored by the book is: How can cross-border access to human genetic resources, such as blood or DNA samples, be governed in such a way as to achieve equity for vulnerable populations in developing countries? The book situates the field of genomic and genetic research within global health and research frameworks, describing the concerns that have been raised about the potential unfairness in exchanges during recent decades. Access to and sharing in the benefits of human biological resources are aspects not regulated by any international legal framework such as the Convention on Biological Diversity, which applies only to the exchange of plants, animals and microorganisms, as well as to associated traditional knowledge. Examples of genetic research perceived as exploitative are provided in order to illustrate the legal vacuum concerning the global governance of human genetic resources. The main conclusions drawn from the legal and ethical analysis are: • Benefit sharing is crucial in order to avoid the exploitation of developing countries in human genetic research. • With functioning research ethics committees, undue inducement is less of a concern in genetic research than in other areas of medical research (e.g. clinical trials). • Concerns remain over research involving indigenous populations; accordingly, recommendations are provided. In drawing these conclusions, the book addresses in detail a highly pressing topic in global bioethics and international law. In this regard, it combines bioethical arguments with jurisprudence, in particular with reference to the law of equity and the legal concepts of duress (coercion), unconscionable dealing, and undue inducement.

Digitisation Of Culture Namibian And International Perspectives

Author : Dharm Singh Jat
ISBN : 9789811076978
Genre : Computers
File Size : 36. 8 MB
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This book explores the digitization of culture as a means of experiencing and understanding cultural heritage in Namibia and from international perspectives. It provides various views and perspectives on the digitization of culture, the goal being to stimulate further research, and to rapidly disseminate related discoveries. Aspects covered here include: virtual and augmented reality, audio and video technology, art, multimedia and digital media integration, cross-media technologies, modeling, visualization and interaction as a means of experiencing and grasping cultural heritage. Over the past few decades, digitization has profoundly changed our cultural experience, not only in terms of digital technology-based access, production and dissemination, but also in terms of participation and creation, and learning and partaking in a knowledge society. Computing researchers have developed a wealth of new digital systems for preserving, sharing and interacting with cultural resources. The book provides important information and tools for policy makers, knowledge experts, cultural and creative industries, communication scientists, professionals, educators, librarians and artists, as well as computing scientists and engineers conducting research on cultural topics.

Sharing Benefits From The Coast

Author : Rachel Wynberg
ISBN : 1775820068
Genre : Business & Economics
File Size : 31. 16 MB
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Coastal resources such as mining, fisheries, and tourism are vital for communities in developing countries, many of which live in abject poverty. Yet global patterns indicate growing levels of economic inequality between the custodians of these resources and the people who exploit them, as well as an increasing incidence in poverty. Drawing from empirical research in South African and Mozambican coastal communities, this book aims to deepen our knowledge about coastal resource use, who benefits and who loses and in what circumstances, why benefits and losses are distributed in the way that they are, the main blockages to greater equity, and strategies to enhance more equitable benefit sharing. These findings have relevance and application for coastal livelihoods, rural governance and resource sustainability across a world in which community rights are increasingly undermined through land grabbing, unequal power relations, and externally driven development interventions.

Drafting Successful Access And Benefit Sharing Contracts

Author : Tomme Rosanne Young
ISBN : 9789004356573
Genre : Law
File Size : 60. 24 MB
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Drafting Successful Access and Benefit-sharing Contracts gives an insightful and profound analysis of how contracts should be drafted so that biotechnology users and providers of genetic resources get access and become bound to share benefits from use of biological diversity.

Ratio Legis

Author : Verena Klappstein
ISBN : 9783319742717
Genre : Law
File Size : 46. 78 MB
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The book is dedicated to the theoretical problems concerning ratio legis. In the contexts of legal interpretation and legal reasoning, the two most important intellectual tools employed by lawyers, ratio legis would seem to offer an extremely powerful argument. Declaring the ratio legis of a statute can lead to a u-turn argumentation throughout the lifespan of the statute itself – in parliament, or in practice during court sessions, when it is tested against the constitution. Though the ratio legis argument is widely used, much about it warrants further investigation. On the general philosophical map there are many overlapping areas that concern different approaches to human rationality and to the problems of practical reasoning. Particular problems with ratio legis arise in connection with different perspectives on legal philosophy and theory, especially in terms of the methods that lawyers use for legal interpretation and argumentation. These problems can be further subdivided into particular aspects of activities undertaken by lawyers and officials who use the ratio legis in their work, and the underlying theories. In short, this book examines what ratio legis is, what it could be, and its practical implications.

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