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Global Transformations in the Use of Biodiversity for Research and Development

Post Nagoya Protocol Implementation Amid Unresolved and Arising Issues

  • Book
  • © 2022

Overview

Editors:
  1. Evanson Chege Kamau

    1. Faculty of Law, University of Bremen, Bremen, Germany

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  • Presents the new ABS legislation and practice
  • Shows the current status of domestic implementation of Nagoya Protocol
  • Offers solutions for unresolved and emerging issues in implementing the Nagoya Protocol

Part of the book series: Ius Gentium: Comparative Perspectives on Law and Justice (IUSGENT, volume 95)

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Table of contents (23 chapters)

  1. Front Matter

    Pages i-xxix
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  3. Post Nagoya Protocol Measures on Access and Benefit-Sharing and Domestic Implementation

    1. Front Matter

      Pages 47-47
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    2. Access and Benefit-Sharing Regime in Argentina: Experiences and Perspectives

      • Luciana C. Silvestri
      Pages 49-68

    3. Brazilian Biodiversity Law: Challenges and Opportunities for Industries and Research Institutions

      • Lilian Massini Mozini
      Pages 69-92

    4. Towards Mutual Supportiveness Between the Nagoya Protocol and the Andean ABS Regime: The Cases of Ecuador and Peru

      • Maria Victoria Cabrera Ormaza
      Pages 93-115

    5. New ABS Legislation and Practice in Compliance with the Nagoya Protocol: Current Situation and Perspectives in Costa Rica

      • Jorge Cabrera Medaglia
      Pages 117-153

    6. The South African ABS Regime: New Wine in Old Wine Skins?

      • Evanson Chege Kamau
      Pages 155-206

    7. 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

      • Marcelin Tonye Mahop
      Pages 207-236

    8. The Ethiopian Access and Benefit-Sharing Regime: Stringent with a Purpose

      • Ashenafi Ayenew Hailu, Evanson Chege Kamau
      Pages 237-268

    9. Abracadabra! Or When and How Will the Kenyan ABS Law Be Born?

      • Evanson Chege Kamau
      Pages 269-322

    10. The New Law and Practice on ABS in Viet Nam: Innovations and Compliance with the Nagoya Protocol

      • Trang Thi Huong Tran Guihou, Tu Ba Nguyen, Cuc Dang Thu Nguyen
      Pages 323-354

    11. The Fastest Animals Are Not the Fastest Over Time: Malaysia Adopts a Comprehensive ABS Legislation After a Long Steady Effort

      • Evanson Chege Kamau
      Pages 355-374

    12. Access and Benefit-Sharing Law and Policy in South Korea

      • Jae-Hyup Lee, Ah Young Cho
      Pages 375-392

    13. ABS in Australia: A Story of Early Success and Faltering Progress

      • Geoffrey C. Burton
      Pages 393-418

    14. The ABS Compliance Regime of the European Union

      • Gerd Winter
      Pages 419-444

    15. Access and Benefit-Sharing Regime of Spain: Striking the Right Balance Between Its Interests as a Provider and a User of Genetic Resources

      • Luciana C. Silvestri
      Pages 445-462

    16. The Post Nagoya Protocol ABS Regime in France: Exploring the Extent to Which It Upholds the Obligations of the Protocol

      • Marcelin Tonye Mahop
      Pages 463-490

  4. Implementation Experiences and Lessons

    1. Front Matter

      Pages 491-491
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Keywords

About this book

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.


Editors and Affiliations

  • Faculty of Law, University of Bremen, Bremen, Germany

    Evanson Chege Kamau

About the editor

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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