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Ethics, Law and Society
This key collection brings together a selection of papers commissioned and published by the Cardiff Centre for Ethics, Law & Society. It incorporates contributions from a group of international experts along with a selection of short opinion pieces written in response to specific ethical issues. The collection addresses issues arising in biomedical and medical ethics ranging from assisted reproductive technologies to the role of clinical ethics committees. It examines broader societal issues with particular emphasis on sustainability and the environment and also focuses on issues of human rights in current global contexts. The contributors collect responses to issues arising from high profile cases such as the legitimacy of war in Iraq to physician-related suicide. The volume will provide a valuable resource for practitioners and academics with an interest in ethics across a range of disciplines.
Accessing Biodiversity and Sharing the Benefits
The book aims to address the lack of information on the experiences of others by providing a comparative analysis of national access and benefit-sharing laws and policies in the 41 Pacific Rim countries that signed the CBD. It provides key insights on the main characteristics of selected access and benefit-sharing (ABS) policies and laws, their development, and implementation process. It contains a detailed comparative analysis of existing laws and policies. It presents four case studies of countries with regulations in place and contrasts them with four case studies of countries that are struggling to develop their regulations. It ends by discussing options of an international regime on ABS and a summary analysis of the main lessons and recommendations from the study.
Explanatory Guide to the International Treaty on Plant Genetic Resources for Food and Agriculture
At head of cover: IUCN Environmental Law Programme.
Covering ABS
The most difficult and least addressed ABS implementation issue is that of coverage. On the one hand, the CBD's ABS provisions appear to give every country full rights over all genetic resources found in the country, even if the exact subspecies or variety is also found in other countries. On the other hand, however, even within a single country, each biome may be separately regulated, and each community or landowner may be given the right to control access to and receive benefits for the genetic resources of every specimen taken from their land or sold by them. This book analyzes the basic concept of ABS, examining the overall mechanisms that could be used to make the system work internationally.
Contracting for ABS
Contracts relating to scientific/technical development are effective only where they are enforceable or valid under relevant law, can be practically implemented by the parties, and address matters arising from the relevant scientific/technical issues and practices. Negotiators are often hampered by their lack of knowledge of contract law and of the biotechnological techniques used to derive new molecules and genes or genetic or biochemical formulas from biological samples. This lack of knowledge means they may not make the best choices. This book examines the special issues in applying contract law to the rights to take and utilize genetic resources; and the scientific issues and the manner in which they affect the negotiation of ABS agreements.
Research Handbook on International Law and Natural Resources
Research Handbook on International Law and Natural Resources provides a systematic and comprehensive analysis of the role of international law in regulating the exploration and exploitation of natural resources. It illuminates interactions and tensions between international environmental law, human rights law and international economic law. It also discusses the relevance of soft law, international dispute settlement, as well as of various unilateral, bilateral, regional and transnational initiatives in the governance of natural resources. While the Handbook is accessible to those approaching the subject for the first time, it identifies pressing areas for further investigation that will be of interest to advanced researchers.
Sustainable Development in World Investment Law
Sustainable development, as defined by the World Commission on Environment and Development, is "development that meets the needs of the present without compromising the ability of future generations to meet their own needs." More specifically, sustainable development is a process of change that seeks to improve the collective quality of life by focusing on economically, socially, and environmentally sound projects that are viable in the long-term. Sustainable development requires structural economic change and the foundation of that change is investment. In developing nations with low levels of domestic savings, investment predictably comes from abroad in the form of foreign direct investmen...
The Data Protection Directive and Medical Research Across Europe
This volume relates to the first stage of the PRIVIREAL project regarding the implementation of the Data Protection Directive. It includes keynote papers addressing specific questions on the subject, and a report on both the general implementation of the Directive and the implementation in relation to medical research.
A Moving Target
Current discussions over the "Certificate of Origin, Source and Legal Provenance" include the legal and practical implications associated with tracking the flow of genetic resources. Knowing what is where, how it got there, and whether conditions and restrictions were complied with, is a critical aspect if an ABS regime is to be effective in its implementation. This book provides insights into options and components for the development of a national/international system for the tracking and monitoring of genetic resources to ensure compliance with the ABS provisions of the CBD. It includes discussions addressing the practical options for such a system, its costs and economic impacts, and its possible role in the ABS framework.
