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The 2010 Nagoya Protocol on Access and Benefit-sharing in Perspective
Implications for International Law and Implementation Challenges
Series: - Legal Studies on Access and Benefit-sharing, Volume: 1
The Nagoya Protocol on Access and Benefit-sharing is an innovative multilateral environmental agreement that has significantly developed the international biodiversity regime. In addition, it has considerable implications for the rights of indigenous peoples and local communities, for research and commercial development activities in various sectors, as well as for food security, health, trade, oceans, and development cooperation. A prestigious group of international experts analyses the implications of the Nagoya Protocol for different areas of international law, and its implementation challenges in various regions, or of a cross-cutting nature. The volume thus combines the perspectives of legal scholars and of stakeholders involved in the negotiations of the Protocol and the preparations towards its entry into force.
Elisa Morgera (LLM, University College London; PhD, European University Institute) is Lecturer in European Environmental Law at the University of Edinburgh School of Law. She is the author of Corporate Accountability in International Environmental Law (OUP, 2009) and co-author of Environmental Integration in the EU's External Relations (Hart, 2012).
Matthias Buck (Ass. iur, M.A.) works with the European Commission's Environment Directorate-General. He was the main EU negotiator of the Nagoya Protocol an is the author of "The Nagoya Protocol on ABS" in RECIEL 20(1), 2011, 47-61.
Elsa Tsioumani (LLM, College of Europe) is a lawyer specializing in international and European environmental law. She is a regular contributor to the Yearbook on International Environmental Law and Environmental Policy and Law, and has consulted for various international organizations.
Matthias Buck (Ass. iur, M.A.) works with the European Commission's Environment Directorate-General. He was the main EU negotiator of the Nagoya Protocol an is the author of "The Nagoya Protocol on ABS" in RECIEL 20(1), 2011, 47-61.
Elsa Tsioumani (LLM, College of Europe) is a lawyer specializing in international and European environmental law. She is a regular contributor to the Yearbook on International Environmental Law and Environmental Policy and Law, and has consulted for various international organizations.
INTRODUCTION
Elisa Morgera, Matthias Buck and Elsa Tsioumani
PART I – IMPLICATIONS FOR INTERNATIONAL LAW
CHAPTER 1. The Nagoya Protocol on Access and Benefit-sharing: Innovations in International Environmental Law
Lyle Glowka and Valérie Normand
CHAPTER 2. The International Human Rights Law Implications of the Nagoya Protocol
Annalisa Savaresi
CHAPTER 3. An Analysis of the Relationship between the Nagoya Protocol and Instruments related to Genetic Resources for Food and Agriculture and Farmers' Rights
Claudio Chiarolla, Selim Louafi and Marie Schloen
CHAPTER 4. A Healthy Look at the Nagoya Protocol - Implications for Global Health Governance
Marie Wilke
CHAPTER 5. The Law of the Sea: A before and an after Nagoya?
Charlotte Salpin
CHAPTER 6. The Nagoya Protocol and WTO Law
Riccardo Pavoni
PART II – REGIONAL PERSPECTIVES ON IMPLEMENTATION CHALLENGES
CHAPTER 7. Implementing the Nagoya Protocol in Africa: Opportunities and Challenges for African Indigenous Peoples and Local Communities
Peter Munyi and Harry Jonas
CHAPTER 8. An Asian Developing Country’s View on the Implementation Challenges of the Nagoya Protocol
Gurdial Singh Nijar
CHAPTER 9. Challenges in the Implementation of the Nagoya Protocol from the Perspective of a Member State of the European Union: The Case of Spain
Alejandro Lago Candeira and Luciana Silvestri
CHAPTER 10. Implementation of the Nagoya Protocol in JUSCANZ Countries: The Unlikely Lot
Geoff Burton
CHAPTER 11. The Implementation of the Nagoya Protocol in Latin America and the Caribbean: Challenges and Opportunities
Jorge Cabrera Medaglia
PART III – CROSS-CUTTING IMPLEMENTATION CHALLENGES
CHAPTER 12. The Implications of the Nagoya Protocol for the Ethical Sourcing of Biodiversity
María Julia Oliva
CHAPTER 13. Governing Global Scientific Research Commons under the Nagoya Protocol
Tom Dedeurwaerdere, Arianna Broggiato, Selim Louafi, Eric Welch and Fulya Batur
CHAPTER 14. The Role of Private International Law under the Nagoya Protocol
Claudio Chiarolla
CHAPTER 15. An International Cooperation Perspective on the Implementation of the Nagoya Protocol
Tomme Rosanne Young
CONCLUSIONS
Elisa Morgera, Matthias Buck and Elsa Tsioumani
Academics and practitioners interested in international environmental law, biodiversity, human rights and sustainable development.