Convention on Biological Diversity Part 2

Convention on Biological Diversity Part 2

 

9

Sovereignty and international politics in the negotiation of the avian influenza Material Transfer Agreement
Journal of Law and Medicine
Volume 17, Number 3, December 2009 p.355

LAW JOURNAL / LAW REVIEW

Indonesia’s action in 2007 to withhold samples of avian influenza viruses was a declaration of sovereignty over biological resources. This assertion of sovereign rights resulted in conflicting international views which can be broadly characterised as a demonstration of the diverse perspectives between the developed and developing countries about the fair and equitable use of biological resources and the acknowledgment of sovereignty within that context. The relevant international agreements were drafted with the use of acceptable diplomatic language that hides the varied political views of the participants. The use of neutral language results in different interpretations of the final text; this is particularly relevant to the application of the Convention on Biological Diversity and the International Health Regulations to the sharing of virus samples. Within this political context the intended interpretation of the text becomes difficult to determine. This article illustrates the political conflicts in the context of the sharing of virus samples and benefits and determines that the likely resolution will be through political compromise.

10

Biopiracy and Protection of Traditional Medicine in India
S. SWARNA LATHA
European Intellectual Property Review
Volume 31, Issue 9, 2009 p.465

LAW JOURNAL / LAW REVIEW

Developing countries, homelands of the world’s most traditional medicinal systems, are incessantly negotiating for an international regime to protect the traditional knowledge systems at various international, national and regional forums. Yet the desired solution is not achieved by either of these forums. It is observed that in neither of these negotiations, states have focused on the basic legal issues like: determining and defining the subject matter of protection, determining the stakeholders and finally selecting the suitable mechanisms of protection. Instead, the states have mainly focused on extending the existing intellectual property rights laws, especially art.27.3.b of the Trade-Related Aspects of Intellectual Property Rights Agreement and its relationship with art.8(j) of the Convention on Biological Diversity 1992 for preventing biopiracy. However, it is argued that Patents alone cannot help in preventing biopiracy and that the ideal protection regime, be it either international or domestic, may be a combination of different kinds of intellectual property laws containing Patents , geographical indications, trade marks and trade secrets, the competition laws to restrict unfair trade practices, contract laws for the purpose of benefit sharing and seeking informed consent and arrangement for the sharing of information regarding the availability of traditional knowledge in different countries. In addition, states should also co-operate in the effective implementation of the international norms and sharing of information related to the existence of traditional knowledge.

11

The Main Results of the Ninth Conference of the Parties to the UN Convention on Biological Diversity
Buck, Matthias
Journal for European Environmental & Planning Law
Volume 5, Number 3, October 2008 p.249-261

LAW JOURNAL / LAW REVIEW

12

The Convention on Biological Diversity at a Crossroads – Where Do We Go From Here?
Elsa Tsioumani
Environmental Policy and Law
Volume 38, Number 5, 2008 p.223

LAW JOURNAL / LAW REVIEW

13

Philippe G. Le Prestre (ed.), Governing Global Biodiversity: The Evolution and Implementation of the Convention on Biological Diversity – Ashgate, Aldershot, 2002, 448 pp, $124.95, ISBN: 0-7546-1744-0
Pamela McElwee
International Environmental Agreements: Politics, Law and Economics
Volume 8, Number 1, March 2008 p.83-85

LAW JOURNAL / LAW REVIEW

14

The Eighth Conference of the Parties to the Convention on Biological Diversity: Summary and Analysis
Matz-Luck, Nele
Max Planck Yearbook of United Nations Law
Volume 11, 2007 p.265

LAW JOURNAL / LAW REVIEW

15

The Convention on Biological Diversity & High-Seas Bottom Trawling: The Means to an End
Tamara Mullen
University of Baltimore Journal of Land and Development
Volume 14, Number 2, Spring 2007 p.135

LAW JOURNAL / LAW REVIEW

16

Access to Biological Resources and Benefit-sharing: Exploring a Regional Mechanism to Implement the Convention on Biological Diversity (CBD) in SAARC Countries
KANCIIANA KARIYAWASAM
European Intellectual Property Review
Volume 29, Issue 8, August 2007 p.325

LAW JOURNAL / LAW REVIEW

The South Asian region is widely perceived to be one of the cradles of global agriculture having an immense reservoir of genetic material and traditional knowledge-especially in relation to medicinal plants. There is an increasing need, in this respect, for regional co-operation among nations which comprise SAARC (South Asian Association for Regional Cooperation) to jointly conserve biodiversity, to achieve sustainable use, and to promote equitable benefit-sharing, particularly through an appropriate regional model. Despite the fact that there has been considerable debate in relation to the essential need for developing a regional regime, little collective action has, in actual fact, resulted amongst the SAARC Member Countries. It is the central contention of this paper that the SAARC Countries need to both recognise and utilise the benefits which inhere in a regional access regime regarding biological resources. Accordingly, this article seeks to propose and advocate a more progressive, equitable and socially just regional access framework in relation to access to biological resources.

17

The Provision of Economic Resources for the Convention on Biological Diversity – An Endangered Species
David Randle
Macquarie Journal of International and Comparative Environmental Law
Volume 3, Number 2, 2006

LAW JOURNAL / LAW REVIEW

18

Whither the Convention on Biological Diversity?
Desh Deepak Verma
Law, Environment and Development Journal
Volume 2, Number 2, 2006

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

Convention on Biological Diversity, Patents.


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