By Brendan Coolsaet

ISBN-10: 9004293205

ISBN-13: 9789004293205

The adoption of the Nagoya Protocol on entry and Benefit-sharing to the conference on organic range in 2010 is an important landmark for the worldwide governance of genetic assets and conventional wisdom. the way will probably be translated into perform will besides the fact that depend upon the concrete implementation in nationwide kingdom laws the world over. Implementing the Nagoya Protocol compares current ABS regimes in ten eu nations, together with one non-EU member and one european candidate kingdom, and significantly explores numerous cross-cutting concerns with regards to the implementation of the Nagoya Protocol within the european. collecting the most expert and extensively acclaimed specialists in ABS concerns, this publication takes an important step in the direction of filling a niche within the immense physique of literature on nationwide and local implementation of world commitments concerning ABS and conventional wisdom.

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It stresses the importance of international cooperation and transfer of technologies. However, with the above-mentioned exceptions (the United Nations Con­ vention on the Law of the Sea, the Antarctic Treaty and the FAO’s International Treaty on Plant Genetic Resources for Food and Agriculture), the international legal framework has been limited to the “commercial” end of the research chain and focused mainly on the issues surrounding technology transfer and intellectual property rights. 2. 3. “Open sesame – When research is funded by the taxpayer or by charities, the results should be available to all without charge,” The Economist (14 April 2012).

26 Broggiato et al. 88 The EU ABS Regulation recalls the Nagoya Protocol’s obligation to promote and encourage research related to biological diversity, in particular research with non-commercial intent. It will be interesting to see what innovative solu­ tions are proposed by the different national legislations implementing the Nagoya Protocol and the EU ABS Regulation. III Overview of the Book The law-making on genetic resources culminated with the adoption of the Nagoya Protocol to the Convention on Biological Diversity.

Moreover States “shall actively promote the flow of ­scientific 75 76 77 78 79 80 itself. The Treaty is augmented by Recommendations adopted at Consultative Meetings, by the Protocol on Environmental Protection to the Antarctic Treaty (Madrid, 1991), and by two separate conventions dealing with the Conservation of Antarctic Seals (London 1972), and the Conservation of Antarctic Marine Living Resources (Canberra 1980). Antarctic Treaty Article I–IV. Antarctic Treaty Article III. UNCLOS Article 241.

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Implementing the Nagoya Protocol: Comparing Access and Benefit-Sharing Regimes in Europe by Brendan Coolsaet


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