Format:
1 Online-Ressource (XXVI, 417 Seiten)
,
1 Illustration
ISBN:
9789004217188
Series Statement:
Legal studies on access and benefit-sharing volume 2
Content:
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.
Content:
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.
Content:
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.
Content:
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.
Content:
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.
Note:
Available to subscribing member institutions only
,
Includes bibliographical references (p. 390-411) and index
Additional Edition:
ISBN 9789004217171
Additional Edition:
Erscheint auch als Druck-Ausgabe Morgera, Elisa, 1977 - Unraveling the Nagoya Protocol Leiden [u.a.] : Brill, 2014 ISBN 9789004217171
Language:
English
Keywords:
Nagoya-Protokoll
DOI:
10.1163/9789004217188
Author information:
Morgera, Elisa 1977-
Author information:
Buck, Matthias
