ABSTRACT

Addressing the management of genetic resources, this book offers a new assessment of the contemporary Access and Benefit Sharing (ABS) regime.

Debates about ABS have moved on. The initial focus on the legal obligations established by international agreements like the United Nations Convention on Biological Diversity and the form of obligations for collecting physical biological materials have now shifted into a far more complex series of disputes and challenges about the ways ABS should be implemented and enforced. These now cover a wide range of issues, including: digital sequence information, the repatriation of resources, technology transfer, traditional knowledge and cultural expressions, open access to information and knowledge, naming conventions, farmers’ rights, new schemes for accessing pandemic viruses sharing DNA sequences, and so on. Drawing together perspectives from an interdisciplinary range of leading and emerging international scholars, this book offers a new approach to the ABS landscape; as it breaks from the standard regulatory analyses in order to explore alternative solutions to the intractable issues for the Access and Benefit Sharing of genetic resources.

Addressing these modern legal debates from a perspective that will appeal to both ABS scholars and those with broader legal concerns in the areas of intellectual property, food, governance, Indigenous issues, and so on, this book will be a useful resource for scholars and students as well as those in government and in international institutions working in relevant areas.

part Theme 1|76 pages

Governance Issues (Working Better)

chapter Chapter 3|12 pages

Common Heritage or Sovereign Resource?

The World Health Organization's Inconsistent Approach to Pathogen Sharing

chapter Chapter 5|21 pages

Access and Benefit Sharing and Biodiversity Conservation

The Unrealised Connection

chapter Chapter 6|16 pages

Message in a Bottle

DNA Computers Challenge Access and Benefit Sharing Regulation

part Theme 2|88 pages

‘Digital Sequence Information' and Dealing with Information

chapter Chapter 9|17 pages

Access and Benefit Sharing and Digital Sequence Information

Unravelling the Knot

chapter Chapter 10|15 pages

Compatible or Incompatible?

DSI, Open Access and Benefit Sharing

chapter Chapter 11|21 pages

Access and Benefit Sharing and Digital Sequence Information in Africa

A Critical Analysis of Contemporary Concerns in Regional Governance

part Theme 3|46 pages

Embracing Indigenous Peoples and Local Communities

chapter Chapter 12|14 pages

Biocultural Community Protocols

Making Space for Indigenous and Local Cultures in Access and Benefit Sharing?

part Theme 4|84 pages

Compliance Measures for the Users of Genetic Resources

chapter Chapter 16|10 pages

Which Nagoya Protocol?

User-Driven Solutions to the Legal Uncertainty Created by Nagoya

chapter Chapter 17|29 pages

The Torres Strait Eight

Climate Litigation, Biodiversity, Human Rights and Indigenous Intellectual Property

chapter Chapter 18|17 pages

Monitoring Compliance with Nagoya

Lessons from India on Building a Techno-Legal Infrastructure to Track Bioprospecting Activities