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Genetic Resources, Traditional Knowledge and the Law: Solutions for Access and Benefit Sharing

Edited By: Evanson C Kamau and Gerd Winter

464 pages, figures, index


Hardback | Aug 2009 | #179684 | ISBN-13: 9781844077939
Availability: Usually dispatched within 6 days Details
NHBS Price: £80.00 $104/€91 approx

About this book

The need to regulate access to genetic resources and ensure a fair and equitable sharing of any resulting benefits was at the core of the development of the Convention on Biological Diversity (CBD). The CBD established a series of principles and requirements around access and benefit sharing (ABS) in order to increase transparency and equity in the international flow of genetic resources, yet few countries have been able to effectively implement them and ABS negotiations are often paralysed by complex challenges.

This book not only examines these complex challenges, but offers workable, policy-oriented solutions. International contributors cover theoretical approaches, new significant national legislation, the concept of traditional knowledge, provider and user country measures and common solutions. Exploring specific, salient examples from across the globe, the authors provide lessons for national regulation and the ongoing negotiations for an international ABS regime. Uniquely, this book also looks at the potential for 'horizontal' development of ABS law and policy, applying lessons from bilateral approaches to other national contexts.

'An excellent job in bringing together some of the most recent and 'state of the art' thoughts and ideas regarding genetic resources, intellectual property and traditional knowledge. A must read for those exploring the complex scientific, cultural, economic and social dimensions of these issues and, in particular, the role of public policy and law in this regards.' Manuel Ruiz Muller, Director Programa de Asuntos Internacionales y Biodiversidad, Lima, Peri? 'The debate on biodiversity access and benefit sharing has stagnated in recent years. New ideas are lacking, views continue to be polarised, and existing regimes are mostly unworkable. This book breaks the mould, offering an impressive array of balanced analyses, fresh ideas and perspectives, and thoughtful and realistic prescriptions. It should be required reading for all ABS policymakers and others interested in finding solutions rather than scoring political points and recycling sterile rhetoric.' Graham Dutfield, Professor of International Governance, University of Leeds, UK


Part I: Theoretical Issues; 1. Access to Genetic Resources and Benefit Sharing - Underlying Concepts and the Idea of Justice Peter-Tobias Stoll, University Of Goettingen, Germany; 2. Setting Protection of Traditional Knowledge to Rights: Placing Human Rights and Customary Law at the Heart of Traditional Knowledge Governance Brendan Tobin, Association for the Defence of Natural Rights, Peru; 3. A Diversity of Principles Underlying ABS in Agriculture: Ways Forward? Bram De Jonge, Wageningen University, The Netherlands and Niels Louwaars, Centre for Genetic Resources (Wageningen University), The Netherlands; Part II: Country Reports: Recent Developments In Exemplary Countries; 4. Law Making On ABS: Experiences of the Kenyan Nema Anne Angwenyi, National Environment Management Authority, Kenya; 5. Brazil's Experience in Implementing its ABS Regime: Suggestions for Reform and the Relationship with the International Treaty on Plant Genetic Resources for Food And Agriculture (ITPGR) Juliana Santilli, Ministerio Publico Do Distrito Federal, Brazil; 6. Finding a Path through the ABS Maze: Challenges of Regulating Access to Genetic Resources and Ensuring Fair Benefit-Sharing in South Africa Rachel Wynberg, Environmental Evaluation Unit, University of Cape Town, South Africa and Mandy Taylor, National Water Regulator, UK; 7. The Process of Legislation on ABS in China: A New Long March; 8. The Role of INBio in the Use of Biodiversity for Sustainable Development: Forming Bioprospecting Partnership Jorge Cabrera Medaglia, National Biodiversity Institute, University Of Costa Rica, Costa Rica; 9. Access and Benefit Sharing: Australian ABS Law and Administration - A Model Law and Approach? Geoff Burton, Jean Shannon & Associates Pty Ltd, Australia; 10. EU Plans for ABS Legislation Susanne Friedrich, German Ministry for Nature Conservation, Germany; Part III: Traditional Knowledge; 11. Potential of Traditional Knowledge for Conventional Therapy: Prospects and Limits Jack K. Githae, School of Alternative Medicine and Technology, Kenya; 12. Protecting Traditional Knowledge Held by Various Communities: A Brazilian View with Insights from the Natura and Protium Pallidum Case John B. Kleba, Aeronautics Technological Institute, Brazil; 13. Protecting Traditional Knowledge amid Disseminated Knowledge: A New Task for ABS Regimes? A Kenyan Legal View Evanson C. Kamau, University of Bremen, Germany; Part IV: Provider Country Measures; 14. Prior Informed Consent in Access to Traditional Knowledge in Brazil Sandra A. S. Kishi, Piracicaba Methodist University, Higher School for Federal Prosecuting Attorneys, Brazil; 15 Access to Traditional Knowledge and Databases. Some Comments from Venezuela Maria J. O. Jimenez, University of Goetingen, Germany; 16. Biopiracy or Fallacy? Identifying Real Biopiracy Cases in Ecuador Monika Ribadeneira Sarmiento, German Research Foundation, Germany; 17. Sharing the Benefits of Using Traditionally Cultured Genetic Resources Fairly Christiane Gerstetter, Ecologic Institute, Germany; 18 Streamlining Access Procedures and Standards Evanson C. Kamau and Gerd Winter, University of Bremen, Germany; 19. Capacity Development in a Changing World: Two Years of The Dutch-German ABS Capacity Development Initiative for Africa. Achievements and Perspectives, Peter Munyi and Fabian Haas, International Centre for Insect Physiology and Ecology (ICIPE), Kenya, Andreas Drews, GTZ, Germany and Suhel Al-Janabi, Gtz, Central African Region; Part V: User Countries Measures; 20. Disclosure Requirement: A Critical Appraisa Evanson C. Kamau, University of Bremen, Germany; 21. Enforcement of Benefit Sharing Duties in User Countries' Courts Christine Godt, University of Oldenburg, Germany; 22. Enforcement of ABS Agreements in User States Hiroji Isozaki, Meiji Gakuin University, Japan; 23. ABS Guidelines of Research Foundations Monika Ribadeneira Sarmiento and Roswitha Schonwitz, Germen Research Foundation, Germany; Part VI: Common Pools; 24. The ABS Regime of the Itpgrfa and Other Emerging ABS Issues at Fao: Lessons for the CBD Kent Nnadozie, Food and Agricultural Organization (FAO), Italy; 25. The ABS Regime of Botanical Gardens: The Case of RBG Kew. Lessons for the CBD Monique Simmonds and China Williams, Royal Botanical Gardens Kew, UK; 26. ABS in Relation to Marine Genetic Resources Alexander Proelss, Christian Albrechts University of Kiel, Germany; 27. Towards Regional Common Pools of Genetic Resources. Improving the Effectiveness and Justice of Access and Benefit Sharing Gerd Winter, University Of Bremen, Germany.

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Evanson C. Kamau is Senior research Fellow at University of Bremen, Germany. Gerd Winter is Professor of Public Law and Sociology of Law, University of Bremen.

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