Biotechnology and International Law

About this book

As with any rapid technological development, the biotechnology revolution is putting great strains on the ability of law to adapt to new challenges and threats. Although there is general agreement on the need to regulate biotechnology in many different fields of human activity (agriculture, life sciences, forensic science) domestic law remains deeply divided over the best approach to take. This book is the first attempt at covering the most pressing legal issues raised by the impact of biotechnologies on different categories of international norms. Through the contribution of a selected group of international scholars and experts from international organizations, the book addresses
1) the international status of genetic resources, both in areas of national jurisdiction and in common spaces such as the international sea bed area and Antarctica;
2) the relevance of environmental principles in the governance of modern biotechnologies;
3) the impact of biotechnologies on trade rules, including intellectual property law;
4) the human rights implications, especially in the field of human genetics; and
5) the intersection between general international law and regional systems, especially those developed in Europe and Latin America.

The overall objective of the book is to provide an up-to-date picture of international law as it stands today and to stimulate critical reflection and further research on the solutions that will be required in years to come.

Contents

ForewordPart I "THE INTERNATIONAL LEGAL REGIME OF BIOTECHNOLOGY: GENERAL ASPECTS"1.F. FRANCIONI (European University Institute; Universit di Siena)"International Law for Biotechnology"2.R. PAVONI (Universit di Siena)"Biodiversity and Biotechnology: Consolidation and Strains in the Emerging International Legal Regimes"Part II "BIOTECHNOLOGY AND THE PROTECTION OF THE ENVIRONMENT"3.C. REDGWELL (University College of London)"Biotechnology, Biodiversity and Sustainable Development: Conflict or Congruence?"4.T. SCOVAZZI (Universit di Milano-Bicocca)"Bioprospecting on the Deep Seabed: A Legal Gap Requiring to Be Filled"5.G. CATALDI (Universit di Napoli "L'Orientale")"Biotechnology and Marine Biogenetic Resources: The Interplay Between the UNCLOS and the CBD"6.P. VIGNI (Universit di Siena)"Antarctic Bioprospecting: Is It Compatible with the Value of Antarctica as a Natural Reserve?"7.A. GUYOMARD (Universit de Nantes)"Bioprospecting in Antarctica: A New Challenge for the Antarctic Treaty System"Part III "BIOTECHNOLOGY AND INTERNATIONAL TRADE ISSUES"8.E.-U. PETERSMANN (European University Institute)"The WTO Dispute over Genetically Modified Organisms: Interface Problems of International Trade Law, Environmental Law and Biotechnology Law"9.H. ULLRICH (European University Institute)"Biotechnology Related Traditional Knowledge and International Patent Law: Romantics v. Economics?"10.S. ZARRILLI (UNCTAD)"International Trade in GMOs: Legal Frameworks and Developing Country Concerns"11.M. MONTINI (Universit di Siena)"International Trade in GM Foodstuffs: Issues of Food Safety and Consumer Protection"Part IV "BIOTECHNOLOGY AND HUMAN RIGHTS"12.M.E. FOOTER (University of Amsterdam)"Agricultural Biotechnology, Food Security and Human Rights"13.F. LENZERINI (Universit di Siena)"Biotechnology, Human Dignity and the Human Genome"14. M. FRABONI and F. LENZERINI"Indigenous Peoples' Rights, Biogenetic Resources and Traditional Knowledge: The Case of Sater-Maw People"Part V "BIOTECHNOLOGY AND REGIONAL ECONOMIC INTEGRATION SYSTEMS"15.P. STURMA (Charles University in Prague)"The EU Charter of Fundamental Rights and the Governance of Biotechnology in the European Union"16.S. POLI (Universit di Trieste)"The EU Risk Management of Genetically Modified Organisms and the Commission's Defence Strategy in the Biotech Dispute: Are They Inconsistent?"17.T. ZAMUDIO (Universidad de Buenos Aires)"Traditional Biodiversity-Related Knowledge and Practices in Latin America"18.F. NOVAK (Pontifica Universidad Catlica de Lima)"Biotechnology and Regional Integration Systems: Legislation and Practices in the Andean

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Biography

Francesco Francioni is Professor of International Law at the EUI, Florence, and a Visiting Professor at Texas Law School. Tullio Scovazzi is Professor of International Law at the University of Milano-Bicocca, Milan, Italy