Key points In the absence of robust national or subnational policies for benefit sharing, land-use change initiatives in Indonesia have developed their own approaches to distributing benefits. At the local level, support and capacity building are needed to strengthen intermediary institutions in order to improve governance and increase legitimacy when deciding how to share benefits.Nonmonetary benefits such as land tenure, capacity building, infrastructure and access to natural resources have been especially important. However, in some cases there are nonmonetary burdens associated with intended benefits.The legitimacy of benefit-sharing arrangements is determined more by the actors involved than the type of land-use change associated with them. Conservation initiatives, REDD+ projects and oil palm initiatives all exhibited both high and low levels of legitimacy in their benefit-sharing arrangements.The legitimacy of benefit-sharing arrangements can be compromised by the lack of broad consultation with local actors including customary authorities, lack of community control over access to land snd limited livelihoods options for communities.

Fair and equitable benefit-sharing is a diffuse legal phenomenon in international law. The continued proliferation of benefit-sharing clauses can be explained by their appeal as an optimistic frame in addressing sustainability and equity concerns related to bio-based innovation, the use of natural resources, environmental protection, and knowledge creation. In principle, fair and equitable benefit-sharing serves to recognize, encourage, and incentivise sustainable human relationships with the environment by focusing on equity issues arising from the most intractable challenges of our time, such as loss of biodiversity, climate change, poverty, and global epidemics. Empirical evidence, however, indicates that, in practice, benefit-sharing rarely achieves its fairness and equity objectives, and ends up entrenching or worsening inequitable relationships with little to no benefit for the environment. Instead of focusing on fair and equitable benefit-sharing in sub-specialist areas of international law in isolation, Elisa Morgera assesses the phenomenon from a general international law perspective and through comparison-across international environmental law, international human rights law, international health law, and the law of the sea. Strengthened by insights from local-level case studies in different regions and sectors, this book looks toward overcoming the limitations inherent in individual international regimes and addressing the shortcomings in benefit-sharing implementation. Morgera's topical and comprehensive analysis reveals opportunities to advance fairness and equity in benefit-sharing through a mutually supportive interpretation of international biodiversity law and international human rights law, as well as opportunities to contribute to future research in areas such as international health law, international law on outer space, and international economic law. This is an open access title. It is made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 International licence. It is available to read and download as a PDF version on the Oxford Academic platform.

This book explores the emergence and development of the legal concept of fair and equitable benefit-sharing, and its application in agriculture. Developed in the 1990s, the concept of fair and equitable benefit-sharing has been deployed in an ever-wider variety of international instruments, including those on biodiversity, climate change and human rights. A lack of clarity persists, however, on what fair and equitable benefit-sharing requires and entails, and whether its implementation supports or eventually undermines equity and justice. This book examines these questions in the area of land, food and agriculture, addressing for the first time several instances of the agricultural production chain, including research and development, land governance and land use and access to markets. It identifies challenges regarding implementation of the concept as enshrined in environmental treaties and soft-law instruments, with a focus on the International Treaty on Plant Genetic Resources for Food and Agriculture, the Voluntary Guidelines on Tenure and the UN Declaration on the Rights of Peasants. It investigates its role, enabling conditions and limitations, in a contradictory policy context involving environmental, food security and human rights objectives but also a growing web of multilateral and bilateral trade and investment agreements. Linking international law research with a socio-legal analysis, the book addresses four grassroots examples, which offer ideas for institutional and legal innovation from the local to the global level. This interdisciplinary title will be of great interest to students and scholars of international environmental law, agriculture, land law, development studies and global governance, as well as policymakers and practitioners working in these fields. “The Open Access version of this book, available at https://doi.org/10.4324/9780429198304, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license."

Key messages for the ASEAN Social Forestry Network REDD+ and social forestry programs have both benefits and costs. Understanding who is bearing the costs of these policies and programs, and ensuring fair compensation, will be important to achieving effective and equitable outcomes. Equity depends on the context and perceptions of the affected stakeholders. Including considerations of equity in the design of REDD+ and social forestry policies can positively influence the policies’ outcomes and sustainability. REDD+ and social forestry requires an inclusive process. Purposeful multistakeholder participation throughout the decision-making process can increase the credibility and legitimacy of a program and enhance its chances of successful outcomes

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.

This book gathers the outcomes of the 18th IEEE/ACIS International Conference on Computer and Information Science (ICIS 2019), which was held on June 12–14, 2019 in Beijing, China. The aim of the conference was to bring together researchers and scientists, businesspeople and entrepreneurs, teachers, engineers, computer users, and students to discuss the various fields of computer science and to share their experiences and exchange new ideas and information in a meaningful way. Further, they presented research results on all aspects (theory, applications and tools) of computer and information science, and discussed the practical challenges encountered in their work and the solutions they adopted to overcome them. The book highlights the best papers from those accepted for presentation at the conference. They were chosen based on review scores submitted by members of the program committee and underwent further rigorous rounds of review. From this second round, 15 of the conference’s most promising papers were selected for this Springer (SCI) book and not the conference proceedings. We eagerly await the important contributions that we know these authors will make to the field of computer and information science.

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.

political science and international relations." --Book Jacket.