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Vol 24 No 6 June/July 2019

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The International Law of Biotechnology: Human Rights, Trade, Patents, Health and the Environment

ISBN13: 9781786435958
Published: December 2018
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £75.00

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Biotechnology is a field that inspires complex legal and ethical debates on an international scale. Taking a fresh approach to the subject, Matthias Herdegen provides a comprehensive assessment of the regulation of biotechnology processes and products from an international and comparative perspective.

Herdegen explores how regulatory approaches to controversial issues such as: stem cell research and cloning and gene therapy differ across jurisdictions due to conflicting values and risk perceptions. The book goes on to examine how international regulatory instruments aim to address these conflicting perspectives and provide judgments based on broad international consensus. Chapters explore the interaction between biotechnology and different fields of law including: human rights, intellectual property, trade law and environmental law. In doing so, a number of complex issues are raised such as the need to balance commercial interests with socio-cultural considerations and the need to ensure respect for human dignity in the pursuit of biomedical research.

Providing a concise and accessible guide to a complex field of international law, this book will be of great value to those researching the law and regulation of biotechnology, biomedicine and biodiversity both within the EU and on an international scale. The book will also be a useful resource for practicing lawyers as it includes sources from a diverse range of legal systems and analyses relevant decisions by international adjudicatory bodies.

Human Rights and Civil Liberties, Intellectual Property Law, Public International Law
1. Introduction: Regulation of Biotechnology, between Anxieties and Trust in Scientific Progress
2. Law and Ethics: An Intriguing Interplay
3. Risks, Perceptions and the Law: Regulatory Approaches to Risk
4. The Biotech Challenge to Human Dignity, Life and Freedom of Choice: Human Rights
5. From Test Tube Babies to Human Clones: Salient Issues in the International Law of Biomedicine
6. GMOs, Crops and Precaution: Biotechnology and the International Protection of the Environment
7. Combating Biopiracy: Access to Genetic Resources
8. Phantom Risks and Legitimate Concerns: Biotechnology and International Trade Law
9. Inventor’s Claims to Life: Intellectual Property Rights and Biotechnological Inventions
10. Conclusion: Legal Values, Individual Rights and Democratic Choices in a Pluralist World