Convention on Biological Diversity Part 1

Convention on Biological Diversity Part 1

 

1

The Convention on Biological Diversity : will the decisions made at COP10 in Nagoya make it easier to conserve biodiversity?
Lynda M. Warren
Environmental Law Review
Volume 12, Number 4, 2010 p.245

LAW JOURNAL / LAW REVIEW

2

Who shall live when not all can live? Intellectual property in accessing and benefit-sharing influenza viruses through the World Health Organisation
Charles Lawson
Journal of Law and Medicine
Volume 18, Number 3, March 2011 p.554

LAW JOURNAL / LAW REVIEW

This article addresses the development of the World Health Organisation’s (WHO) arrangements for accessing viruses and the development of vaccines to respond to potential pandemics (and other lesser outbreaks). It examines the ongoing “conflict” between the United Nations’ Convention on Biological Diversity (CBD) and the World Trade Organisation’s Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) in the context of the debates about the paramountcy of intellectual property, and the potential for other (equity and development) imperatives to over-ride respect for intellectual property and TRIPS. The article concludes that the same intellectual property fault lines are evident in the WHO forum as those apparent at the CBD and the WTO fora, and an ongoing failure to properly address questions of equity and development. This poses a challenge for the Australian Government in guaranteeing a satisfactory pandemic influenza preparation and response.

3

JOINING THE CONVENTION ON BIOLOGICAL DIVERSITY: A LEGAL AND SCIENTIFIC OVERVIEW OF WHY THE UNITED STATES MUST WAKE UP
William J. Snape, III
Sustainable Development Law & Policy
Volume 10, Number 3, Spring 2010 p.6

LAW JOURNAL / LAW REVIEW

4

Biodiversity Conservation Access and Benefit-sharing Contracts and the Role and Place of Patents
CHARLES LAWSON
European Intellectual Property Review
Volume 33, Issue 3, 2011 p.135

LAW JOURNAL / LAW REVIEW

Access and benefit-sharing was a key objective of the United Nations’ Convention on Biological Diversity (CBD). Implementing this objective in Australia has seen the adoption of a contract model where the terms and condition and price of access are negotiated between the bioprospector and the resource holder. Patents are a part of the price. This article assesses the place of patents in theory and in practice through the examples of the Craig Venter Institute contract and the Griffith and AstraZeneca Partnership agreement(s) in Australia. The article concludes that there is little evidence that benefits flow to conservers and curators of in situ biodiversity (such as protected areas) and that uncertain property and use rights from patents may be further reducing the value bioprospectors are likely to pay to access and use biodiversity.

5

‘Living In Harmony With Nature’? Outcomes of the 2010 Nagoya Conference of the Convention on Biological Diversity
Stuart R. Harrop
Journal of Environmental Law
Volume 23, Number 1, March 2011 p.117-128

LAW JOURNAL / LAW REVIEW

6

Countdown 2010, All Eyes on Oryza: The Current Access and Benefits-Sharing Provisions of International Instruments Will Keep the 2010 Biodiversity Target Out of Reach
Blake M. Mensing
SCRIPTed: a Journal of Law, Technology & Society
Volume 7, Issue 1, 2010 p.166-184

LAW JOURNAL / LAW REVIEW

The 2010 Biodiversity Target, which aims to significantly reduce the rate of biodiversity loss, will not be achieved. The Convention on Biological Diversity (“CBD” ) and the International Treaty on Plant Genetic Resources for Food and Agriculture (“ITPGR” ) lack strong enough access and benefit-sharing (“ABS” ) provisions to facilitate the transfer of high yield seed varieties that have the potential to protect biodiversity. This article presents the historical origins of the CBD and its ABS provisions, as well as an outline of the ITPGR’s ABS system. High yield seeds can reduce the land needed for agriculture, which holds great potential for habitat preservation and the conservation of terrestrial species. The CBD and ITPGR need to be revised so that they may work in better harmony in regard to intellectual property rights. Harmonisation of the treatment of intellectual property rights in the plant genetic resources context is the first step in facilitating faster transfers of high yield seed varieties.

7

Legislative Regulation of Traditional Medicinal Knowledge in Eritrea vis-à -vis Eritrea’s Commitments under the Convention on Biological Diversity: Issues and Alternatives
Senai Andemariam
Law, Environment and Development Journal
Volume 6, Number 2, 2010

LAW JOURNAL / LAW REVIEW

8

Challenges and prospects of implementing the access and benefit sharing regime of the Convention on Biological Diversity in Africa: the case of Ethiopia
Fikremarkos Merso Birhanu
International Environmental Agreements: Politics, Law and Economics
Volume 10, Number 3, September 2010 p.249-266

LAW JOURNAL / LAW REVIEW

 

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

Cartagena Protocol on Biosafety to the Convention on Biological Diversity, Convention on Biological Diversity Part 2, Convention on Biological Diversity Part 3, Convention on Biological Diversity Part 4, Convention on Biological Diversity, Environment and Wildlife conventions, Flora and Fauna – Biodiversity conventions, International Conventions from 1991, International Environment, Biodiversity and Climate resources, International Organizations, International Treaty on Plant Genetic Resources for Food and Agriculture, International trade law Part 26, International trade law3, List of Genetic engineering online legal resources, List of Genetics online legal resources, List of international public law topics, Patents, Trade law Part 47, Trade law Part 73, United Nations Convention to Combat Desertification 2.


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