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The 1992 Convention on Biological Diversity prominently enshrined the concept of “access and benefit-sharing” (ABS) in the sphere of public international law. The series offers a forum for original research on the concept of ABS and on innovative regulatory and governance approaches related to the equitable sharing of commercial and non-commercial benefits deriving from access to genetic resources, biological resources and the traditional knowledge of indigenous and local communities, as well as in broader context of environmental protection and management.
The series will promote scholarly analysis of and practitioners’ reflection on the theory and the practice of regulatory and governance approaches to access and benefit-sharing.
It will explore substantive issues including: the multi-level legal frameworks for access to and benefit-sharing from genetic resources and traditional knowledge; legal issues related to access and benefit-sharing in the context of nature conservation; the legal recognition and reward of sustainable customary use and community-based environmental management practices; the protection and promotion of traditional knowledge of indigenous peoples, smallholder farmers and local communities; legal challenges and innovations related to private sector-led, community-led and development assistance-based ABS arrangements; national and international approaches to the enforcement of the law. The series will also aim to illuminate the interactions between different areas of international law, between national and international law, as well as between the customary law and practices of indigenous and local communities and national and international law on ABS. It will also investigate interactions or influences between benefit-sharing approaches in various areas of international law, including human rights, the law of the sea, climate change and in particular REDD, forest management, agriculture, innovation and intellectual property rights, and corporate accountability.
The series will include both international (public and private) law studies as well as national/comparative/transnational law studies on innovative ways to foster access and benefit-sharing arrangements between governments, between government and local or indigenous communities, as well as between private individuals or entities. While the main focus is on legal studies, there is also some scope for inter-disciplinary pieces in both streams of research, as long as they are specifically aimed to inform legal analysis and lawmaking.
Books published in the series will be peer-reviewed and include research monographs and edited collections of essays.
The series will promote scholarly analysis of and practitioners’ reflection on the theory and the practice of regulatory and governance approaches to access and benefit-sharing.
It will explore substantive issues including: the multi-level legal frameworks for access to and benefit-sharing from genetic resources and traditional knowledge; legal issues related to access and benefit-sharing in the context of nature conservation; the legal recognition and reward of sustainable customary use and community-based environmental management practices; the protection and promotion of traditional knowledge of indigenous peoples, smallholder farmers and local communities; legal challenges and innovations related to private sector-led, community-led and development assistance-based ABS arrangements; national and international approaches to the enforcement of the law. The series will also aim to illuminate the interactions between different areas of international law, between national and international law, as well as between the customary law and practices of indigenous and local communities and national and international law on ABS. It will also investigate interactions or influences between benefit-sharing approaches in various areas of international law, including human rights, the law of the sea, climate change and in particular REDD, forest management, agriculture, innovation and intellectual property rights, and corporate accountability.
The series will include both international (public and private) law studies as well as national/comparative/transnational law studies on innovative ways to foster access and benefit-sharing arrangements between governments, between government and local or indigenous communities, as well as between private individuals or entities. While the main focus is on legal studies, there is also some scope for inter-disciplinary pieces in both streams of research, as long as they are specifically aimed to inform legal analysis and lawmaking.
Books published in the series will be peer-reviewed and include research monographs and edited collections of essays.
A Commentary on the Nagoya Protocol on Access and Benefit-sharing to the Convention on Biological Diversity
The Nagoya Protocol on access and benefit-sharing is an international environmental agreement that concerns environmental sustainability, other sustainable development issues and equity. It addresses a complex subject matter that affects a range of research, development and commercial activities and is relevant to different areas of international law such as human rights, intellectual property rights, health, food and oceans.
Unraveling the Nagoya Protocol identifies textual, contextual and systemic interpretative questions and suggests solutions that aim to give a coherent and balanced meaning to the text of the Protocol. Offering a systematic discussion of the Protocol’s legal innovations against the background of general international law, this commentary aims to be of use to international biodiversity law scholars and practitioners, as well as to international lawyers that approach access and benefit-sharing for the first time.
Unraveling the Nagoya Protocol identifies textual, contextual and systemic interpretative questions and suggests solutions that aim to give a coherent and balanced meaning to the text of the Protocol. Offering a systematic discussion of the Protocol’s legal innovations against the background of general international law, this commentary aims to be of use to international biodiversity law scholars and practitioners, as well as to international lawyers that approach access and benefit-sharing for the first time.
A Commentary on the Nagoya Protocol on Access and Benefit-sharing to the Convention on Biological Diversity
The Nagoya Protocol on access and benefit-sharing is an international environmental agreement that concerns environmental sustainability, other sustainable development issues and equity. It addresses a complex subject matter that affects a range of research, development and commercial activities and is relevant to different areas of international law such as human rights, intellectual property rights, health, food and oceans.
Unraveling the Nagoya Protocol identifies textual, contextual and systemic interpretative questions and suggests solutions that aim to give a coherent and balanced meaning to the text of the Protocol. Offering a systematic discussion of the Protocol’s legal innovations against the background of general international law, this commentary aims to be of use to international biodiversity law scholars and practitioners, as well as to international lawyers that approach access and benefit-sharing for the first time.
Unraveling the Nagoya Protocol identifies textual, contextual and systemic interpretative questions and suggests solutions that aim to give a coherent and balanced meaning to the text of the Protocol. Offering a systematic discussion of the Protocol’s legal innovations against the background of general international law, this commentary aims to be of use to international biodiversity law scholars and practitioners, as well as to international lawyers that approach access and benefit-sharing for the first time.