{"product_id":"unraveling-the-nagoya-protocol-a-commentary-on-the-nagoya-protocol-on-access-and-benefit-sharing-to-the-convention-on-biological-diversity-9789004217171","title":"Unraveling the Nagoya Protocol: A Commentary on the Nagoya Protocol on Access and Benefit-sharing to the Convention on Biological Diversity","description":"\u003cb\u003eBook Synopsis\u003c\/b\u003e\u003cbr\u003eThe Nagoya Protocol is an unprecedented international environmental agreement that equally addresses development, distributive justice, and environmental sustainability. With a balanced view of the various possible interpretations of the Protocol provisions, in light of different national and regional perspectives, and a systematic highlighting of its legal innovations, Unraveling the Nagoya Protocol: A Commentary on the Nagoya Protocol on Access and Benefit-sharing to the Convention on Biological Diversity will serve as a seminal work for all those interested in the environment, human rights, economics and both legal and scientific innovations.\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTable of Contents\u003c\/b\u003e\u003cbr\u003ePREFACE by Prof. Francesco Francioni  ACKNOWLEDGEMENTS  LIST OF ABBREVIATIONS TABLE OF CITED LEGAL MATERIALS  INTRODUCTION I. The International Debate on Access and Benefit-sharing   1. Asymmetries and the Ethical Rationale for ABS 2. An Incentive-based Approach to Biodiversity Conservation and the Economic Rationale for ABS 3. The ABS Provisions of the CBD  II. From the CBD to the Nagoya Protocol via the Bonn Guidelines            III. Traditional Knowledge and ABS  IV. Indigenous Peoples and Local Communities as Beneficiaries of the CBD and the Nagoya Protocol 1.\tInternationally Recognized Human Rights of Indigenous Peoples 2.\tInternationally Recognized Rights of Local Communities 3.\tHuman Rights-related Risks and Opportunities, Limitations and Innovations under the Protocol V. About This Commentary  ARTICLE 1 I. Overview  II. Objective and Means III. Traditional Knowledge IV. Links with Conservation and Sustainable Use V. Legal and Practical Functions  ARTICLE 2 I. Overview  II. Utilization of Genetic Resources 1.\tThe Intent 2.\tThe Material a.\tDerivatives     b. Commodities in trade III. Utilization of Traditional Knowledge  ARTICLE 3 I. Overview II. Subject-matter Scope 1. Human Genetic Resources III. Outstanding Questions 1. Temporal Scope 2. Spatial Scope  ARTICLE 4 I. Overview II. Relationship with Existing Agreements  1. Examples of Existing Agreements  III. Relationships with Future Agreements 1. WIPO Negotiations III. Relationship with Specialized ABS Instruments 1. Genetic Resources covered by the ITPGRFA  2. Genetic Resources with Pathogenic Properties\t 3. Marine Genetic Resources in Areas beyond National Jurisdiction  4. CGRFA  ARTICLE 5 I. Overview II. Inter-State Benefit-sharing from the Utilization of Genetic Resources 1. Means of Implementation III. Intra-State Benefit-sharing from the Utilization of Genetic Resources Held by Indigenous and Local Communities 1. States’ Obligation 2. ‘Established Rights’ and Other Qualifications IV. Benefit-sharing from Traditional Knowledge V. The Role of Mutually Agreed Terms VI. Monetary and Non-monetary Benefits  ARTICLE 6 I. Overview II. Background  III. Access to Genetic Resources: The Inter-State Dimension 1. National Sovereignty over Genetic Resources and Domestic Measures on Access 2. The Concept of State PIC IV. Access to Genetic Resources Held by Indigenous and Local Communities  1. Parties’ Obligation 2. The Concept of Community PIC concerning Genetic Resources  a. Approval and Involvement b. Community PIC and Private-sector Users V. Access Standards 1. Legal Certainty, Clarity and Transparency 2. Fair and Non-arbitrary Access Rules and Procedures VI. Minimum Procedural Requirements for PIC VII. Minimum Requirements for MAT  ARTICLE 7 I. Overview II. Community PIC in relation to Traditional Knowledge III. Qualifications  ARTICLE 8 I. Overview II. Research Contributing to Conservation and Sustainable Use 1. Rationale 2. The Obligation III. Genetic Resources and Health-related Emergencies IV. Genetic Resources for Food and Agriculture   ARTICLE 9 I. Overview II. Contribution to a Coherent Interpretation of the Three CBD objectives III. Means of Implementation  IV. Benefits for Indigenous and Local Communities  ARTICLE 10 I. Overview II. The Need for a Multilateral Benefit-sharing Mechanism  1. Transboundary Situations  2. Situations Where It Is Not Possible to Grant or Obtain PIC  III. Features of a Global Benefit-Sharing Mechanism IV. Promoting a Coherent Interpretation of the Three CBD Objectives  ARTICLE 11 I. Overview II. Obligation to Cooperate III. Transboundary Cooperation concerning Genetic Resources IV. Transboundary Cooperation concerning Traditional knowledge  ARTICLE 12 I. Overview II. General Clause 1. Community Protocols III. Obligation to Inform Potential Users IV. Obligation to Support V. Prohibition to Restrict Customary Use and Exchange  ARTICLE 13 I. Overview II. National Focal Points III. Competent National Authorities  ARTICLE 14 I. Overview II. Link with the CBD Clearinghouse Mechanism III. The Functions of the ABS Clearinghouse IV. Types of Information V. Outstanding Legal Issues   ARTICLE 15 I. Overview II. ‘Compliance’ under Articles 15 and 16: Context and Responses to Conceptual Challenges III. Obligation to Adopt Domestic User-side Measures 1.\tThe Obligation to ‘Provide’ 2.\tMeans of Implementation IV. Obligation to Enforce V. Obligation to Cooperate  ARTICLE 16 I. Overview II. Similarities and Differences vis-à-vis Article 15 III. Lack of Parallel Provisions on Compliance concerning ABS related to Genetic Resources and ABS related to Traditional Knowledge  ARTICLE 17 I. Overview II. Checkpoints 1. Characteristics and Functions  III. The Internationally Recognized Certificate of Compliance  ARTICLE 18 I. Overview II. Dispute Resolution Provisions in MAT III. Opportunity to Seek Recourse IV. Access to Justice and Recognition of Foreign Judgments V. Jurisdiction and Access to Justice in cases of Violation of Provider Country ABS Frameworks   ARTICLE 19 I. Overview II. Obligation for Parties III. Mandate for the Protocol’s Governing Body  ARTICLE 20 I. Overview II. Obligation for Parties III. Mandate for the Protocol’s Governing Body  ARTICLE 21 I. Overview II. Specific Relevance for Indigenous and Local Communities III. Linkages with Other Provisions  ARTICLE 22 I. Overview II. The Obligation to Cooperate III. Country-driven Capacity-building IV. The Capacity of Indigenous and Local Communities and Other Stakeholders  V. ABS-related Development Cooperation  ARTICLE 23 I. Overview II. Technology Collaboration and Cooperation III. Technology Transfer  ARTICLE 24  ARTICLE 25 I. Overview II. Financial Mechanism III. Other Bilateral, Regional and Multilateral Channels for Financial Resources   ARTICLE 26 I. Overview II. The Functioning of the COP\/MOP III. Relationship with the CBD COP  ARTICLE 27  ARTICLE 28  ARTICLE 29 I. Overview II. Functions and Links  ARTICLE 30 I. Overview II. Common Features III. Distinctive Features 1. Compliance in Bilateral Relations between Provider and User Countries 2. Compliance vis-à-vis Indigenous and Local Communities  3. Compliance in State-Private Parties Relations  IV. Links with Other Protocol Provisions V. Dispute Settlement   ARTICLE 31 I. Overview II. Functions and Links  FINAL CLAUSES I. Overview II. Signature and Entry into Force  III. Reservations  IV. Withdrawals  V. Official Languages   CONCLUSIONS I. Sustainable Development II. Equity III. Due Diligence  IV. Environmental Rights  V. Final Words of Caution   APPENDIX: TEXT OF THE PREAMBLE OF THE NAGOYA PROTOCOL BIBLIOGRAPHY","brand":"Brill","offers":[{"title":"Default Title","offer_id":53210627113303,"sku":"9789004217171","price":88.8,"currency_code":"GBP","in_stock":false}],"url":"https:\/\/bookcurl.com\/products\/unraveling-the-nagoya-protocol-a-commentary-on-the-nagoya-protocol-on-access-and-benefit-sharing-to-the-convention-on-biological-diversity-9789004217171","provider":"Book Curl","version":"1.0","type":"link"}