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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

Edited by: Ewan McKendrick
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Common Pools of Genetic Resources: Equity and Innovation in International Biodiversity Law

Edited by: Evanson C. Kamau, Gerd Winter

ISBN13: 9780415537674
Published: May 2013
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £115.00
Paperback edition , ISBN13 9781138672796

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The Convention on Biological Diversity (CBD) strives for the sustainable and equitable utilization of genetic resources, with the ultimate goal of conserving biodiversity. The CBD and the Nagoya Protocol which has since been elaborated suggest a bilateral model for access to genetic resources and the sharing of benefits from their utilization. There is concern that the bilateral exchange "genetic resource for benefit sharing" could have disappointing results because providers are left out of the process of research and development, benefits are difficult to be traced to sources, and providers owning the same resource may complain of being excluded from benefit sharing. Thus, the CBD objective of full utilization and equitability may become flawed.

Common Pools of Genetic Resources: Equity and Innovation in International Biodiversity Law suggests common pools as an alternative to bilateralism. This is one of the first books to reply to a number of complex legal questions related to the interpretation and implementation of the Nagoya Protocol. Taking an inductive approach, it describes existing pools and analyzes how they are organized and how they perform in terms of joint R&D and benefit sharing. It presents case studies of the most characteristic types of common pools, provides suggestions for further developing existing pools to cope with the requirements of the CBD and NP and, at the same time uses the clauses these conventions contain to open up for commons approaches. Written by a team of expert academics and practitioners in the field, this innovative book makes a timely and valuable contribution to academic and policy debates in international environmental law, international biodiversity law, intellectual property law, climate law and the law of indigenous populations.

Environmental Law
Part 1: Introduction
1. The Idea of Common Pools Gerd Winter

Part 2: General Issues
2. Characteristics of Pools in view of Genetic Resource Pools Peter-Tobias Stoll
3. An Institutional Analysis Framework for Evaluating Genetic Resource Commons Tom Dedeurwaerdere
4. Exploring the Legal Space for the Common Pools Concept in the Nagoya Protocol Matthias Buck
5. The Nagoya Protocol's Global Multilateral Benefit-Sharing Mechanism: Context, Objectives, Prospects Pierre du Plessis

Part 3: National and Regional Approaches
6. TK Common Pools - A Case Study of Bushbuckridge Gino Cocchiaro and Kabir Bavikatte
7. Common Pools of TK and Related Genetic Resources - A Case Study of Hoodia Evanson Chege Kamau
8. Common Pools of TK Related to Genetic Resources at the Local Level in Brazil John Kleba
9. Genetic Resources Common Pools in Brazil Juliana Santilli
10. ABS of Common Pools Resources in China Tianbao Qin
11. Common Pools of Shared Seed of Quechua and Aymara Communities of Peru Brendan Tobin
12. Common Pools of Genetic Resources in the Eastern and Central Africa Region Evanson Chege Kamau
13.Developing a common pools strategy for genetic resources for food and agriculture: a case study of Malaysia (Gurdial Nijar)

Part 4: Global Approaches
14. The WHO Framework for Sharing of Influenza Viruses and Access to Vaccines and Other Benefits Marie Wilke
15. Sui Generis and Open Source as Common Pools in Aquaculture Morten Walloe Tvedt
16. The Multilateral System of the International Treaty on Plant Genetic Resources and Possible Space for Further Development Evanson Chege Kamau
17. Ex Situ Networks of Genetic Resources Christine Godt
18. Addressing the Needs of the Food and Agriculture Sector: Possible ABS Approaches to Accommodate the Special Features of GRFA Marie Schloen and Selim Louafi
19. Extending the High Seas Regime in ABS Thomas Greiber
20. Data Banks of Genetic Information: How They Are Organised and Affected by ABS Issues Gerd Winter
21. Gene Data Banks for Marine Organisms: What They Contain and How They Can Be Used in ABS contexts Bevis Fedder
22. Conclusions Gerd Winter