Ruiz Muller Genetic Resources as Natural Information

Implications for the Convention on Biological Diversity and Nagoya Protocol
1. Auflage 2015
ISBN: 978-1-317-62415-8
Verlag: CRC Press
Format: EPUB
Kopierschutz: Adobe DRM (»Systemvoraussetzungen)

E-Book, Englisch, 170 Seiten

Reihe: Routledge Studies in Law and Sustainable Development

Demonstrating the shortcomings of current policy and legal approaches to access and benefit-sharing (ABS), this book is based on the premise that genetic resources are widely distributed across countries and that bilateralism and contracts undermine capacities to achieve fairness and equity. The book offers a practical and feasible regulatory alternative to ensure that fairness and equity goals in the Convention on Biological Diversity (CBD) are effectively and efficiently met.

Through analysis from legal, historic, sociological and economic perspectives the book argues that genetic resources are informational goods and not tangible resources. It shows that the existing preference for bilateralism and contracts reflects resistance on the part of many of the stakeholders involved in the CBD process to recognize them as such. Further it is shown that they respond very well to the economics of information principles, yet as the author explains, these have been sidelined and overlooked.

At a time when the Nagoya Protocol on ABS has renewed interest in looking for improved options for ABS policy/regulations, the author provides a constructive and provocative critique. He offers an institutional, policy and regulatory framework based on "bounded openness" under which genetic resources could be regulated and equity and fairness realized.

Autoren/Hrsg.

Ruiz Muller, Manuel

Fachgebiete

• Rechtswissenschaften Öffentliches Recht Umweltrecht Umweltrecht allg., Technikrecht, Immissionsschutzrecht

Inhaltsverzeichnis

Foreword: "On the Silver Jubilee of ‘Intellectual Property and Information Markets: Preliminaries to a New Conservation Policy’"

Joseph Henry Vogel

Introduction

1. The Relevant Nature of Genetic Resources: "Normal Science" Becomes "Paradigm Shift"

2. Regulatory Trends in ABS: Secrecy as the Enabler of the Bilateral Model

3. Sovereignty over Genetic Resources: The First Twenty Years of ABS

4. Resistance to Correction

5. "Bounded Openness" as Fair, Equitable and Efficient: The Path to a Global Multilateral Benefit Sharing Mechanism

6. Conclusions and Recommendations

Case Study I: Epipedobates anthonyi under "Bounded Openness"

Klaus Angerer

Case Study II: Lepidium meyeni under "Bounded Openness"

Omar Oduardo-Sierra

Über Autor(innen)

Manuel Ruiz Muller is Director of the Program of International Affairs and Biodiversity at the Peruvian Society for Environmental Law (SPDA), Lima, Peru. He is also Coordinator of the International Environmental Law course in the Environmental Law and Natural Resources Diploma at the Catholic University, Peru.