Benefit Sharing In Environmental Governance

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Taking a bottom-up perspective, this book explores local framings of a wide range of issues related to benefit-sharing, a growing concept in global environmental governance. Benefit-sharing in Environmental Governance draws on original case studies from South Africa, Namibia, Greece, Argentina, and Malaysia to shed light on what benefit-sharing looks like from the local viewpoint. These local-level case studies move away from the idea of benefit-sharing as defined by a single international organization or treaty. Rather, they reflect different situations where benefit-sharing has been considered, including agriculture, access to land and plants, wildlife management, and extractives industries. Common themes in the experiences of local communities form the basis for an exploration of spaces for local voices at the international level in the Convention on Biological Diversity (CBD), often argued to be the most open arena to non-state actors, and therefore vital to how local voices may be included at the global level. The book analyzes the decisions of the CBD parties to produce an in-depth reflection on how this arena builds and delimits spaces for the expression of local community themes, and paths for local community participation including community protocols. The book then situates the bottom-up findings in the wider debate about global civil society and deliberative democracy in environmental governance. This interdisciplinary book will be of great interest to students and scholars of environmental politics, environmental law, political ecology and global governance, as well as practitioners and policymakers involved in multilateral environmental agreements.

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Genre : Art
Author : Louisa Parks
Publisher : Routledge
Release : 2019-11-20
File : 222 Pages
ISBN-13 : 9780429582271


Fair And Equitable Benefit Sharing In International Law

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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.

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Genre : Law
Author : Elisa Morgera
Publisher : Oxford University Press
Release : 2024-05-09
File : 305 Pages
ISBN-13 : 9780192606730


Benefit Sharing

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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.

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Genre : Law
Author : Doris Schroeder
Publisher : Springer Science & Business Media
Release : 2013-05-31
File : 250 Pages
ISBN-13 : 9789400762053


Transparency In Global Environmental Governance

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A critical assessment of whether transparency is a broadly transformative force in global environmental governance or plays a more limited role. Transparency—openness, secured through greater availability of information—is increasingly seen as part of the solution to a complex array of economic, political, and ethical problems in an interconnected world. The “transparency turn” in global environmental governance in particular is seen in a range of international agreements, voluntary disclosure initiatives, and public-private partnerships. This is the first book to investigate whether transparency in global environmental governance is in fact a broadly transformative force or plays a more limited, instrumental role. After three conceptual, context-setting chapters, the book examines ten specific and diverse instances of “governance by disclosure.” These include state-led mandatory disclosure initiatives that rely on such tools as prior informed consent and monitoring, measuring, reporting and verification; and private (or private-public), largely voluntary efforts that include such corporate transparency initiatives as the Carbon Disclosure Project and such certification schemes as the Forest Stewardship Council. The cases, which focus on issue areas including climate change, biodiversity, biotechnology, natural resource exploitation, and chemicals, demonstrate that although transparency is ubiquitous, its effects are limited and often specific to particular contexts. The book explores in what circumstances transparency can offer the possibility of a new emancipatory politics in global environmental governance.

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Genre : Political Science
Author : Aarti Gupta
Publisher : MIT Press
Release : 2014-07-18
File : 365 Pages
ISBN-13 : 9780262320863


Access And Benefit Sharing Of Genetic Resources Information And Traditional Knowledge

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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.

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Genre : Law
Author : Charles Lawson
Publisher : Taylor & Francis
Release : 2022-10-14
File : 247 Pages
ISBN-13 : 9781000730074


Essential Concepts Of Global Environmental Governance

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Aligning global governance to the challenges of sustainability is one of the most urgent environmental issues to be addressed. This book is a timely and up-to-date compilation of the main pieces of the global environmental governance puzzle. The book is comprised of 101 entries, each defining a central concept in global environmental governance, presenting its historical evolution, introducing related debates and including key bibliographical references and further reading. The entries combine analytical rigour with empirical description. The book: offers cutting edge analysis of the state of global environmental governance, raises an up-to-date debate on global governance for sustainable development, gives an in-depth exploration of current international architecture of global environmental governance, examines the interaction between environmental politics and other fields of governance such as trade, development and security, elaborates a critical review of the recent literature in global environmental governance. This unique work synthesizes writing from an internationally diverse range of well-known experts in the field of global environmental governance. Innovative thinking and high-profile expertise come together to create a volume that is accessible to students, scholars and practitioners alike.

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Genre : Business & Economics
Author : Jean-Frederic Morin
Publisher : Routledge
Release : 2014-07-11
File : 269 Pages
ISBN-13 : 9781136777042


Environmental Governance And Decentralisation

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This book examines how different countries define and address environmental issues, specifically in relation to intergovernmental relations: the creation of institutions, the assignment of powers, and the success of alternative solutions. It also investigates whether a systemic view of the environment has influenced the policy-making process. The broad perspective adopted includes a detailed analysis of seventeen countries in six continents by scholars from a range of disciplines economics, political science, environmental science and law thus producing novel material that moves away from the conventional treatment of decentralisation and the environment in economic literature. Providing a comprehensive and up to date analysis of environmental governance worldwide, this book will be of great interest to researchers and students in environmental economics, environmental politics, governance and decentralisation. It will also appeal to practitioners and policymakers with responsibilities over the environment.

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Genre : Political Science
Author : Albert Breton
Publisher : Edward Elgar Publishing
Release : 2008-01-01
File : 679 Pages
ISBN-13 : 9781847209917


Accessing Biodiversity And Sharing The Benefits

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The book aims to address the lack of information on the experiences of others by providing a comparative analysis of national access and benefit-sharing laws and policies in the 41 Pacific Rim countries that signed the CBD. It provides key insights on the main characteristics of selected access and benefit-sharing (ABS) policies and laws, their development, and implementation process. It contains a detailed comparative analysis of existing laws and policies. It presents four case studies of countries with regulations in place and contrasts them with four case studies of countries that are struggling to develop their regulations. It ends by discussing options of an international regime on ABS and a summary analysis of the main lessons and recommendations from the study.

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Genre : Law
Author : Santiago Carrizosa
Publisher : IUCN
Release : 2004
File : 332 Pages
ISBN-13 : 9782831708164


Indigenous Peoples Consent And Benefit Sharing

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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.

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Genre : Law
Author : Rachel Wynberg
Publisher : Springer Science & Business Media
Release : 2009-09-30
File : 375 Pages
ISBN-13 : 9789048131235


Public Policy Governance And Polarization

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Polarization is widely diagnosed as a major cause of the decline of evidence-based policy making and public engagement-based styles of policy making. It creates an environment where hardened partisan viewpoints on major policy questions are less amenable to negotiation, compromise or change. Polarization is not a temporary situation – it is the “new normal.” Public Policy, Governance and Polarization seeks to provide a theoretical foundation for scholars and policy makers who need to understand the powerful and often disruptive forces that have arisen in Europe and North America over the past decade. Academics and practitioners need to better understand this growing trend and to find ways in which it may be managed so that policy solutions to these threats may be developed and implemented. Researchers and future policymakers in fields such as public administration, public management and public policy need to recognise how institutional design, corporatist interest group systems and different pedagogical approaches may help them understand, discuss and work beyond policy polarization. Edited by two leading political science scholars, this book aims to begin that process.

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Genre : Business & Economics
Author : David K. Jesuit
Publisher : Routledge
Release : 2017-07-06
File : 260 Pages
ISBN-13 : 9781317197973