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Drafting Successful Access and Benefit-sharing Contracts

Drafting Successful Access and Benefit-sharing Contracts

Author: Tomme Rosanne Young; Morten Walloe Tvedt
Publisher: Brill Nijhoff
ISBN: 9789004356566
Published In: December 2017
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

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In Drafting Successful Access and Benefit-sharing Contracts, Young and Tvedt offer an insightful and profound analysis of how ABS can be made truly functional through the use of legally binding and enforceable contracts. Contracts are foreseen as the main legal tool for making access and benefit sharing work, thus realizing the third objective of the Convention on Biological Diversity. Many years have gone by since contracts were first suggested as a solution to resolve the challenges of ABS, but so far few successful benefit-sharing cases have been presented.

This volume explores the possibilities and limits of contract law which both practitioners and stakeholders need in order for ABS contracts to become an effective solution for sustainable use of biological diversity.

Introduction

The Narrator-Author’s Engagement with His Predecessors and with the Tradition of Epic Storytelling

The First Proem: The Narrator’s Sources of Inspiration

1.1 A Shifting Source of Inspiration

1.2 Subject Matter and Narrative persona

1.3 Summary

The Second Proem: The Emergence of the Narrator’s Voice

2.1 The Nonnian Narrator’s Appropriation of the Homeric Model as a Template

2.2 A Template for the Telling of a New Story. The Question of the Contents: The Limits of Homeric Inspiration

2.3 Summary

The Nonnian Narrator and the Muses: Calls for Inspiration within the Narrative Itself

3.1 The Addressees of the Nonnian Muse Invocations

3.2 The Shorter Invocations: Innovations on a Well-Known Theme

3.3 Rhetorical Questions or Muse Invocations?

3.4 Summary

A Narrator-Scholar Claiming His Innovative Approach to Epic Storytelling

The Nonnian Narrator’s Conception of Narrating: The Question of Sources

4.1 Self-Conscious Narrating: Reference to Sources

4.2 Comprehensive Narrating

4.3 Summary

Being Overt: The Nonnian Narrator’s Opinion of His Own Narrative

5.1 The Nonnian Narrator in Space and Time

5.2 The Narrator’s Opinion of His Own Story: A Narrator-Commentator

5.3 The syncrisis of Book 25: an Innovative and Assertive Narratorial Intervention

5.4 Summary

A Narrator-Storyteller in Dialog with His Audience

Direct Addresses to the Narratee: How to Involve the Narratee in the Story

6.1 Preliminary Considerations

6.2 Addresses from the Narrator to the Narratee in the Dionysiaca

6.3 Analysis of the Corpus of Addresses

6.4 Summary

Indirect Addresses: How to Influence the Narratee’s Reception of the Story

7.1 Indirect Metaleptic Devices Aimed at the Narratee

7.2 Gnomic Utterances and Rhetorical Questions

7.3 If-not Situations in the Dionysiaca

Comparisons and Similes

8.1 The Use of Comparisons and Similes in Homer, Apollonius, Quintus, and Nonnus

8.2 Nonnian Comparisons and Similes

8.3 Summary

A Narrator-Character Becoming Part of His Own Narrative

Apostrophes to Characters

9.1 Apostrophes in Homer and Apollonius

9.2 Addressees of the Nonnian Apostrophes

9.3 Summary

10.

The Transformation of the Narrator into a Dionysiac Reveller

10.1 A Narrator at the Service of Dionysus

10.2 The Frame of the Muse Invocations: Innovations of a Narrator-Character

10.3 Proteus as an alter ego

Conclusion

Glossary

Bibliography

Index

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