Routledge Handbook of Biodiversity and the Law

Environmental / Energy Law

Routledge Handbook of Biodiversity and the Law

Edited by Charles R. McManis · Burton Ong
Routledge December 2017

Specifications

ISBN-13
9781138693302
Publisher
Routledge
Publication
December 2017
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

This volume provides a reference textbook and comprehensive compilation of multifaceted perspectives on the legal issues arising from the conservation and exploitation of non-human biological resources. Contributors include leading academics, policy-makers and practitioners reviewing a range of socio-legal issues concerning the relationships between humankind and the natural world.

The Routledge Handbook of Biodiversity and the Law includes chapters on fundamental and cutting-edge issues, including discussion of major legal instruments such as the Convention on Biological Diversity and the Nagoya Protocol. The book is divided into six distinct parts based around the major objectives which have emerged from legal frameworks concerned with protecting biodiversity.

Following introductory chapters, Part II examines issues relating to conservation and sustainable use of biodiversity, with Part III focusing on access and benefit-sharing. Part IV discusses legal issues associated with the protection of traditional knowledge, cultural heritage and indigenous human rights. Parts V and VI focus on a selection of intellectual property issues connected to the commercial exploitation of biological resources, and analyse ethical issues, including viewpoints from economic, ethnobotanical, pharmaceutical and other scientific industry perspectives.

Table of Contents

Part I: Introduction
Chapter 1: Biodiversity and the Law: Mapping the International Legal Terrain Burton Ong
Chapter 2: Biodiversity and the Law in Brief Charles McManis

Part II: Conservation and Sustainable Use of Genetic Resources
Chapter 3: Biodiversity in International Environmental Law Through the UN Sustainable Development Goals Nicholas Robinson
Chapter 4: Biodiversity, Protected Areas and the Law Jamie Benedickson and Sandy Paterson
Chapter 5: The International Legal Framework for the Protection of and Sustainable Use of Marine Biological Resources Youna Lyons and Denise Cheong
Chapter 6: Biosecurity, Invasive Species and the Law Opi Outthwaite
Chapter 7: Biotechnology, Biodiversity and the Law Barbara Schaal and Joseph Jez
Chapter 8: Legal Responses in the United States to Biodiversity Loss and Climate Change James Ming Chen
Chapter 9: China's Biodiversity Law John Nagle
Chapter 10: The International Treaty for Plant Genetic Resources on Food and Agriculture: Toward the Realisation of Farmers' Rights as a Means of Protecting Biodiversity Regine Andersen

Part III: Access and Benefit Sharing
Chapter 11: Access to and Benefit Sharing of Marine Genetic Resources Beyond National Jurisdiction: Developing a New Legally Binding Instrument Carlos Correa
Chapter 12: A Realized Benefit from Bioprospecting in the Wake of the Convention on Biological Diversity: The Impact of Natural Products Discovery Programs on our Knowledge of the Flora of Madagascar James Miller and Porter Lowry
Chapter 13: Regulatory Measures on Access and Benefit Sharing for Biological and Genetic Resources: National and Regional Perspectives from the Philippines, Singapore and ASEAN Lye Lin-Heng and Rose Liza Eisma-Osorio
Chapter14: One Step Forward, Two Steps Back? Implementing Access and Benefit-Sharing Legislation in South Africa Rachel Wynberg
Chapter 15: De-Materialising Genetic Material: Synthetic Biology, Intellectual Property and the ABS Bypass Margo Bagley Part IV: Traditional Knowledge Protection
Chapter 16: Traditional Knowledge: Lessons from the Past, Lessons for the Future Michael Balick
Chapter 17: Bioprospecting and Traditional Knowledge in Australia Michael Blakeney
Chapter 18: If we have never been Modern, they have never been Traditional: `Traditional Knowledge', Biodiversity, and the Flawed ABS Paradigm Graham Dutfield
Chapter 19: Where Custom is the Law: The Fundamental Role of Customary Law in Securing Protection of Traditional Knowledge under the Nagoya Protocol Brendan Tobin Part V: Biodiversity and Intellectual Property Protection
Chapter 20: Biodiversity, Intangible Cultural Heritage and Intellectual Property Christoph Antons
Chapter 21: Intellectual Property, Biodiversity and Food Security Brad Sherman
Chapter 22: Sisyphus Redivivus? The Work of WIPO on Genetic Resources and Traditional Knowledge Nuno Pires de Carvalho
Chapter 23: Is the Whole Greater than the Sum of its Parts? A Critical Reflection on the WIPO IGC Daniel Robinson

Part VI: The Ethics, Economics and Science-Policy Interface of Biodiversity Protection
Chapter 24: Naturalizing Morality Ursula Goodenough
Chapter 25: Making Legal Use of the Valuation of Nature Colin Reid
Chapter 26: Bounded Openness as the Modality for the Global Multilateral Benefit-Sharing Mechanism of the Nagoya Protocol Joseph Henry Vogel, Klaus Angerer, Manuel Ruiz Muller and Omar Oduardo-Sierra
Chapter 27: The IPBES, Biodiversity and the Law: Design, Functioning and Perspectives of the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services Guillaume Futhazar, Denis Pesche and Sandrine Maljean-Dubois
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