ABSTRACT

This volume provides a reference textbook and comprehensive compilation of multifaceted perspectives on the legal issues arising from the conservation and exploitation of non-human biological resources. Contributors include leading academics, policy-makers and practitioners reviewing a range of socio-legal issues concerning the relationships between humankind and the natural world.

The Routledge Handbook of Biodiversity and the Law includes chapters on fundamental and cutting-edge issues, including discussion of major legal instruments such as the Convention on Biological Diversity and the Nagoya Protocol.

The book is divided into six distinct parts based around the major objectives which have emerged from legal frameworks concerned with protecting biodiversity. Following introductory chapters, Part II examines issues relating to conservation and sustainable use of biodiversity, with Part III focusing on access and benefit-sharing. Part IV discusses legal issues associated with the protection of traditional knowledge, cultural heritage and indigenous human rights. Parts V and VI focus on a selection of intellectual property issues connected to the commercial exploitation of biological resources, and analyse ethical issues, including viewpoints from economic, ethnobotanical, pharmaceutical and other scientific industry perspectives.

part I|23 pages

Introduction

chapter 1|11 pages

Biodiversity and the law

Mapping the international legal terrain

part II|129 pages

Conservation and sustainable use of genetic resources

chapter 9|11 pages

China’s biodiversity law

chapter 10|19 pages

The International Treaty on Plant Genetic Resources for Food and Agriculture

Toward the realization of farmers’ rights as a means of protecting and enhancing crop genetic diversity

part III|82 pages

Access and benefit-sharing

chapter 11|18 pages

Access to and benefit-sharing of marine genetic resources beyond national jurisdiction

Developing a new legally binding instrument

chapter 13|18 pages

Regulatory measures on access and benefit-sharing for biological and genetic resources

National and regional perspectives from the Philippines, Singapore and ASEAN

chapter 14|21 pages

One step forward, two steps back?

Implementing access and benefit-sharing legislation in South Africa

chapter 15|18 pages

De-materializing genetic RESOURCES

Synthetic biology, intellectual property and the ABS bypass

part IV|73 pages

Traditional knowledge protection

chapter 16|15 pages

Traditional knowledge

Lessons from the past, lessons for the future

chapter 18|15 pages

If we have never been modern, they have never been traditional

‘Traditional knowledge’, biodiversity, and the flawed ABS paradigm

chapter 19|19 pages

Where custom is the law

State and user obligations to ‘take into consideration’ customary law governing traditional knowledge and genetic resources

part V|48 pages

Biodiversity and intellectual property protection

part VI|49 pages

The ethics, economics and science-policy interface of biodiversity protection

chapter 24|6 pages

Naturalizing morality

chapter 27|13 pages

The IPBES, biodiversity and the law

Design, functioning and perspectives of the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services