Biotechnologies And International Human Rights
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Biotechnologies And International Human Rights
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Author : Francesco Francioni
language : en
Publisher: Bloomsbury Publishing
Release Date : 2007-02-22
Biotechnologies And International Human Rights written by Francesco Francioni and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-02-22 with Political Science categories.
This book follows and complements the previous volume Biotechnology and International Law (Hart 2006) bringing a specific focus on human rights. It is the result of a collaborative effort which brings together the contributions of a select group of experts from academia and from international organisations with the purpose of discussing the extent to which current activities in the field of biotechnology can be regulated by existing human rights principles and standards, and what gaps, if any, need to be identified and filled with new legislative initiatives. Instruments such as the UNESCO Declaration on the Human Genome (1997) and on Bioethics and Human Rights (2005) are having an impact on customary international law. But what is the relevance of these instruments with respect to traditional concepts of state responsibility and the functioning of domestic remedies against misuse of biotechnologies? Are new legislative initiatives needed, and what are the pros and cons of a race toward the adoption of new ad hoc instruments in an area of such rapid technological development? Are there risks of normative and institutional fragmentation as a consequence of the proliferation of different regulatory regimes? Can we identify a core of human rights principles that define the boundaries of legitimate uses of biotechnology, the legal status of human genetic material, as well as the implications of the definition of the human genome as 'common heritage of humanity' for the purpose of patenting of genetic inventions? These and other questions are the focus of a fascinating collection of essays which, together, help to map this emerging field of inquiry.
The International Law Of Biotechnology
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Author : Matthias Herdegen
language : en
Publisher: Edward Elgar Publishing
Release Date :
The International Law Of Biotechnology written by Matthias Herdegen and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on with Biotechnology categories.
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.
Biotechnology And International Law
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Author : Francesco Francioni
language : en
Publisher: Bloomsbury Publishing
Release Date : 2006-06-15
Biotechnology And International Law written by Francesco Francioni and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-06-15 with Law categories.
As with any rapid technological development, the biotechnology revolution is putting great strains on the ability of law to adapt to new challenges and threats. Although there is general agreement on the need to regulate biotechnology in many different fields of human activity (agriculture, life sciences, forensic science) domestic law remains deeply divided over the best approach to take. This book is the first attempt at covering the most pressing legal issues raised by the impact of biotechnologies on different categories of international norms. Through the contribution of a selected group of international scholars and experts from international organizations, the book addresses 1) the international status of genetic resources, both in areas of national jurisdiction and in common spaces such as the international sea bed area and Antarctica; 2) the relevance of environmental principles in the governance of modern biotechnologies; 3) the impact of biotechnologies on trade rules, including intellectual property law; 4) the human rights implications, especially in the field of human genetics; and 5) the intersection between general international law and regional systems, especially those developed in Europe and Latin America. The overall objective of the book is to provide an up-to-date picture of international law as it stands today and to stimulate critical reflection and further research on the solutions that will be required in years to come.
International Biolaw And Shared Ethical Principles
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Author : Cinzia Caporale
language : en
Publisher: Routledge
Release Date : 2018-01-12
International Biolaw And Shared Ethical Principles written by Cinzia Caporale and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-01-12 with Law categories.
The Universal Declaration on Bioethics and Human Rights, 2005, marked a significant step towards the recognition of universal standards in the field of science and medicine. This book provides an overview of the ethical and legal developments which have occurred in the field of bioethics and human rights since then. The work critically analyzes the Declaration from an ethical and legal perspective, commenting on its implementation, and discussing the role of non-binding norms in international bioethics. The authors examine whether the Declaration has contributed to the understanding of universal or global bioethics, and to what degree states have implemented the principles in their domestic legislation. The volume explores the currency of the Declaration vis-à-vis the more recent developments in technology and medicine and looks ahead to envisage the major bioethical challenges of the next twenty years. In this context, the book offers a comprehensive ethical and legal study of the Declaration with an in-depth analysis of the meaning of the provisions, in order to clarify the extension of human rights in the field of medicine and the obligations incumbent upon UNESCO member States, with reference to their implementation practice.
The International Legal Governance Of The Human Genome
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Author : Chamundeeswari Kuppuswamy
language : en
Publisher: Routledge
Release Date : 2009-06-09
The International Legal Governance Of The Human Genome written by Chamundeeswari Kuppuswamy and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-06-09 with Law categories.
The human genome is a well known symbol of scientific and technological progress in the twenty-first century. However, concerns about the exacerbation of inequalities between the rich and the poor, the developing and the developed states, the healthy and the unhealthy are causing problems for the progress of scientific research. The international community is moving towards a human rights approach in addressing these concerns. Such an approach will be piecemeal and ineffective so long as fundamental issues about economic, social and cultural rights, the so-called second generation of human rights, are not addressed. This book argues that, in order to be able to meaningfully apply a human rights framework to the governance of the human genome, the international human rights framework should be based on a unified theory of human rights where the distinction between positive and negative rights is set aside. The book constructs a common heritage concept with the right to development at its core and explores the content of the right to development through rational human rights theory. It is argued that the notion of property rights in the human genome should be placed within the context of protecting human rights, including the right to development. The concept of common heritage of humanity, contrary to the widely held belief that it is in opposition to patenting of gene sequences, supports human rights-based conceptions of property rights. This book fills a gap in the literature on international legal governance of the human genome will provide an essential reference point for research into the right to development, development issues in bioethics, the role of international institutions in law making and research governance.
Biotechnology And Intellectual Property Rights
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Author : Kshitij Kumar Singh
language : en
Publisher: Springer
Release Date : 2014-10-27
Biotechnology And Intellectual Property Rights written by Kshitij Kumar Singh and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-10-27 with Law categories.
This book offers a valuable contribution to contemporary legal literature, providing deep insights into the interface between law and genetics, highlighting emerging issues and providing meaningful solutions to current problems. It will be of interest to a broad readership, including academics, lawyers, policy makers and scholars engaged in interdisciplinary research. In the context of examining and analyzing the legal and social implications arising from the recent conjunction of biotechnology and intellectual property rights, the book particularly focuses on human genes and gene variations. Emphasis is placed on “patent law,” as a considerable percentage of genetic inventions are covered by patents. The book presents a comparative and critical examination of patent laws and practices related to biotechnology patents in the United States, Canada, European Union and India, in order to gather the common issues and the differences between them. The international patent approach regarding biotechnology is also analyzed in light of the constant conflict between differentiation and harmonization of patent laws. The book highlights the potential gaps and uncertainties as to the scope of numerous terms such as invention, microorganisms, microbiological processes, and essential biological processes under TRIPS. Also analyzed are the social and policy implications of patents relating to genetic research tools and genetic testing. The intricacies involved in providing effective intellectual property protection to bioinformatics and genomic databases are also examined. Bearing in mind the collaborative nature of bioinformatics and genomic databases, the book evaluates the pros and cons of open biotechnology and assesses the implications of extending intellectual property rights to human genetic resources, before explaining the ownership puzzle concerning human genetic material used in genetic research.
Principles Of International Biolaw
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Author : Roberto Andorno
language : en
Publisher: Primento
Release Date : 2013-10-10
Principles Of International Biolaw written by Roberto Andorno and has been published by Primento this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-10-10 with Law categories.
Rapid advances in genetics and medicine present both opportunities and threats to the advancement of human rights and public health in this era of globalization. While such advances contribute significantly to progress against disease, they may also pose profound global public policy concerns in that the ethical and policy considerations that follow from scientific advances lag far behind. In this context, the aim of this book is to present the current global efforts to develop common principles relating to biomedicine. Section I sets forth the pivotal role that the principle of human dignity plays in this domain, and identifies a number of other principles that can be drawn from the recent international policy documents on bioethics. Section II provides detailed commentaries on recent international instruments relating to biomedicine adopted by UNESCO and the Council of Europe. Section III elaborates upon specific biomedical human rights issues that are the subject of contemporary international standard-setting efforts, including biomedical research, population biobanks, genetic testing, and advance directives. Essays in each of these sections examine the extent to which promoting and protecting human rights has created a common framework for contemporary international lawmaking in the field of biomedicine and the strengths and limitations of international law as a tool for advancing biomedical human rights.
Rights And Liberties In The Biotech Age
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Author : Sheldon Krimsky
language : en
Publisher: Rowman & Littlefield
Release Date : 2005
Rights And Liberties In The Biotech Age written by Sheldon Krimsky and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Business & Economics categories.
The authors in this book, with their carefully reasoned calls for a genetic bill of rights, seem to me to be making a powerful conservative argument, and proposing amendments far more sensible, human, and rational than the zealotry promoted by men like More. They are assuming there is great value in human beings as we have known them, in plants and food crops as we have slowly and within clear boundaries develop them over millennia, in the relationship between human being and the natural world.
Patents Human Rights And Access To Science
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Author : Aurora Plomer
language : en
Publisher: Edward Elgar Publishing
Release Date : 2015-10-30
Patents Human Rights And Access To Science written by Aurora Plomer and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-10-30 with Health & Fitness categories.
The new millennium has been described as ‘the century of biology’, but scientific progress and access to medicines has been marred by global disputes over ownership of the science by universities and private companies. This book examines the challenges posed by the modern patent system to the right of everyone to access the benefits of science in international law. Aurora Plomer retraces the genesis and evolution of the key Articles in the UN system (Article 27 UDHR and Article 15 ICESCR). She combines the historiography of these Articles with a novel perspective on the moral foundations of rights of access to science to draw out implications for today’s controversies on patents in the life-sciences. The analysis suggests that access to science as a fundamental right requires both freedom from political and religious interference and the existence of enabling research institutions and educational facilities which promote the flow of knowledge through transparent and open structures. From this perspective, the global patent system is shown to fail spectacularly when it comes to the human rights ideal of universal access to science. The book concludes that a fundamental restructuring of patent institutions is required, in which democratic oversight of patent policies would ensure meaningful realization of the right of everyone to access the benefits of science. Students and scholars of international law, particularly those focusing on intellectual property and human rights, will find this book to be of considerable interest. It will also be of use to practitioners in the field.
International Governance Of Biotechnology
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Author : Catherine Rhodes
language : en
Publisher: A&C Black
Release Date : 2010-11-30
International Governance Of Biotechnology written by Catherine Rhodes and has been published by A&C Black this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-11-30 with Technology & Engineering categories.
This book is available as open access through the Bloomsbury Open Access programme and is available on www.bloomsburycollections.com. The significant media coverage recently given to issues such as the international impacts of biofuel production policies, advances in synthetic biology, and the ethical implications of research involving embryonic stem cells, is indicative of the high-level of interest - among policy-makers, academics and the public - in the biotechnology revolution, its applications, impacts and control. There is also significant interest in international regulatory processes as a form of governance, and international regulation is a vital part of efforts to manage the impacts of the biotechnology revolution, since many of these are global in their nature. The book establishes the need for international regulation of biotechnology, identifying the roles it needs to play, and the issues it needs to cover. Having outlined the importance of coherence to the effective functioning of international regulatory sets, a model of coherent international regulation is established, against which the biotechnology regulations can be assessed. This book approaches the subject from an international relations perspective but also draws from, and will contribute to, literature in the fields of international law, global governance, technological governance, and science-society relations.