Enough laws have been enacted since the adoption of the Nagoya Protocol on access and benefit-sharing to permit a study which is capable of accurately portraying the status quo of national implementation of the Protocol and the ensuing practice, emerging challenges and how countries are coping with them. This book, one of the first to present such a study, uniquely combines an examination of the new laws and practice and how they comply with the Nagoya Protocol; of issues not yet resolved by the Protocol and which solutions are being explored; and of how research and development is responding to the new situation. In addition, it proposes solutions to selected questions on ABS based on real-world and hypothetical cases, which could instigate litigation.
Written by a team of expert academics and practitioners in the field, this book makes a valuable contribution to academic and policy debates and to academic literature on international environmental law, international biodiversity law, international property law, climate law and the law of indigenous populations. It also offers a reference guide for practicing lawyers in the area of ABS.
Tabla de materias
Part I: Introduction.- Transformations in international law on access to genetic resources and benefit-sharing and domestic implementation: Introduction, synthesis and conclusions
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PART II: Post Nagoya Protocol Measures On Access And Benefit-Sharing And Domestic Implementation: Implementation In South America.- Access and benefit-sharing regime in Argentina: Experiences and perspectives
.- Brazilian biodiversity law – challenges and opportunities for industries and research institutions
.- Towards mutual supportiveness between the Nagoya Protocol and the Andean Sub-regional ABS Regime: The cases of Ecuador and Peru
.- New ABS legislation and practice in compliance with the Nagoya Protocol: Current situation and perspectives in Costa Rica
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Part III: Post Nagoya Protocol Measures On Access And Benefitsharing And Domestic Implementation: Implementation In Africa .- The South African ABS regime: New wine in old wine skins?
.- The post Nagoya Protocol ABS Regime in Cameroon: Exploring the extent to which ongoing policy, regulatory developments and ABS practices uphold the obligations of the Protocol
.- The Ethiopian access and benefit-sharing regime: Stringent with a purpose
.- Abracadabra! It is time for Kenyan ABS law to be born
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Part IV: Post Nagoya Protocol Measures On Access And Benefitsharing And Domestic Implementation: Implementation In Asia .- Access and benefit sharing law and policy in South Korea
.- Malaysia – From no ABS law to a comprehensive legislation
.- The new Vietnamese law on ABS: Overview and innovations in legislation and practice
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Part V: Post Nagoya Protocol Measures On Access And Benefitsharing And Domestic Implementation: Implementation In Australia .- ABS in Australia: From innovation to hesitation
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Part VI: Post Nagoya Protocol Measures On Access And Benefitsharing And Domestic Implementation: Implementation In Europe .- ABS Regulation in the European Union
.- Access and benefit-sharing regime in Spain: Striking the balance between its roles as a provider and a user of genetic resources
.- The post Nagoya Protocol ABS regime in France: Exploring the extent to which it upholds the obligations of the Protocol
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Part VII: Implementation Experiences And Unresolved Issues: General Themes .- Due Diligence and the Regulation of Transnational Economic Activity – Regulation (EU) No 511/2014 compared to other EU due diligence scheme
.- Implementation of Due Diligence obligations in Germany
.- Rights over genetic resources and ways of monitoring the value chain: A case study from the Royal Botanic Gardens, Kew
.- Post Nagoya Protocol experiences of basic research in Ecuador
.- Digital Sequence Information on genetic resources and the Convention on Biological Diversity
.- ABS contractual obligations in the context of agricultural breeding and possible cut-off points
.- Contract solutions for difficult ABS questions – example from information technology
.- ABS in practice – real life cases.
Sobre el autor
Evanson Chege Kamau is senior research fellow in law at the Research Centre for European Environmental Law (FEU), University of Bremen. His area of expertise is public international law, European law and intellectual property law. His research focuses on genetic resources, environment, development and traditional rights on biological resources and traditional knowledge. He has about 20 years of working experience and has widely published as well as provided legal consultancy in the area of focus.
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