Regulated Use Of Biological Resources And Traditional Knowledge For Sustainable Development

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Regulated Use Of Biological Resources And Traditional Knowledge For Sustainable Development
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Author : Pushpa Kumar Lakshmanan
language : en
Publisher:
Release Date : 2022
Regulated Use Of Biological Resources And Traditional Knowledge For Sustainable Development written by Pushpa Kumar Lakshmanan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with categories.
Biodiversity is the base and source of most of the developmental activities. With the advent of modern biotechnology, the utilization of biological and genetic resources for various developmental ventures in medicine, health products, cosmetics, and industrial products increased manifold. Ever since the Convention on Biological Diversity rolled out a blueprint for conservation of biological diversity, sustainable use of its components and equitable sharing of benefits arising out of utilization of genetic resources and traditional knowledge, the Parties to the Convention recognized them as cardinal principles for sustainable development that depends on biological diversity. The Nagoya Protocol on Access and Benefit Sharing for Utilization of Genetic resources and Traditional Knowledge concretized the legal mandate for facilitated access to genetic resources and traditional knowledge for research and developmental purposes. The Protocol ensured equitable sharing of benefits to the indigenous and local communities that have shared traditional knowledge and contributed for the conservation of biological diversity. Being a party to the Convention on Biological Diversity as well as the Nagoya Protocol, India has been implementing the Convention and the Protocol through the Biological Diversity Act, 2002. The Biological Diversity Act, 2002 provides facilitated access to biological resources and associated knowledge based on prior approval and mutually agreed terms. Even though both the Convention on Biological Diversity and the Nagoya Protocol use the terms “genetic resources,” the Indian Biological Diversity Act regulates “biological resources.” This gives a broader scope to the regulation and benefit sharing. A three tier-mechanism has been created under the Act to regulate access to biological resources and associated knowledge and to ensure benefit sharing. The National Biodiversity Authority at the federal level provides prior approval to the non-Indian entities for research and commercial utilization of biological resources. This Authority also regulates transfer of research results and transfer of accessed biological resource to a third party. Any application for intellectual property protection for any product or process involving biological resources requires prior approval of the National Biodiversity Authority. The State Biodiversity Boards established in the States regulate access to biological resources by the Indian citizens at the state level. Both the National Biodiversity Authority and the State Biodiversity Boards determine benefit sharing at the time of granting approval. However, the State Biodiversity Boards do not have any clear mandate under the Act to accord approval and fix benefit sharing. This issue has been raised in the case of Divya Pharmacy v. Union of India (2018). The Biodiversity Management Committees established at the grassroots level in the local bodies have major duties of conservation and documentation of biodiversity and the associated knowledge available within its jurisdiction. These Committees also have the power to levy access fees from the persons accessing biological resources within its jurisdiction. The Biological Diversity Rules 2004, and the Access and Benefit Sharing Regulations 2014 aid the implementation of Biological Diversity Act. Nevertheless, the implementation of the Biological Diversity Act has been entangled with multiple challenges due to convoluted procedures, different enforcement approaches of State Biodiversity Boards and lack of clarity in the law itself. Hesitation of industry stakeholders to comply with the law and lack of participation and awareness about the access and benefit sharing process on the part of the local communities add the complexity to the implementation of the law. All these issues not only pose threat to the implementation of biodiversity law, but also threat to conservation and sustainable development. This paper will critically analyze the importance of conservation of biological diversity and sustainable use of biological resources globally and in a developing country like India to further sustainable development. It will shed light on the difficulties in implementing the biodiversity law in India. This paper will also examine how access and benefit sharing regime in India impacts research and innovation for sustainable development and how it benefits biodiversity conservation and local communities with the help of case studies.
Environmental Governance Law Policy And Practice
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Author : Dhanraj Garwa
language : en
Publisher: OrangeBooks Publication
Release Date : 2025-03-19
Environmental Governance Law Policy And Practice written by Dhanraj Garwa and has been published by OrangeBooks Publication this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-03-19 with Political Science categories.
"Environmental Governance: Law, Policy and Practice" provides an in-depth exploration of the legal and policy frameworks shaping environmental protection and sustainability. Covering essential laws, regulatory mechanisms, and judicial perspectives, this book critically examines key environmental challenges, including climate change, biodiversity conservation, and corporate responsibility. It highlights emerging trends, innovative governance strategies, and future directions for environmental law. A valuable resource for legal professionals, policymakers, academics, and researchers, this book offers a comprehensive understanding of how law and policy can drive sustainable development and environmental justice in an evolving global landscape.
Protecting Traditional Knowledge
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Author : Evana Wright
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-03-28
Protecting Traditional Knowledge written by Evana Wright 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 2020-03-28 with Law categories.
Protecting Traditional Knowledge examines the emerging international frameworks for the protection of Indigenous traditional knowledge, and presents an analysis situated at the intersection between intellectual property, access and benefit sharing, and Indigenous peoples’ rights to self-determination.
Rights To Plant Genetic Resources And Traditional Knowledge
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Author : Susette Biber-Klemm
language : en
Publisher: CABI
Release Date : 2006
Rights To Plant Genetic Resources And Traditional Knowledge written by Susette Biber-Klemm and has been published by CABI this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Science categories.
This book will be of significant interest to those studying and researching biotechnology, plant breeding, genetic resources, intellectual property law and agricultural economics."--BOOK JACKET.
Biodiversity For Sustainable Development
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Author : K.P. Laladhas
language : en
Publisher: Springer
Release Date : 2016-11-15
Biodiversity For Sustainable Development written by K.P. Laladhas and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-15 with Science categories.
Divided into three sections, this book explores the three main pillars of sustainable development, namely economy, environment and society, and their interlinkages at the regional level. The first section, Access and Benefit Sharing (ABS) for sustainable development, focuses on international agreements and national legislation, as well as the challenges in implementing ABS in e.g. India. In turn, the second section examines the process of forming Biodiversity Management Committees (BMCs) at the Local Self Government (LSG) level to promote environmental sustainability, highlighting local and community-level conservation initiatives that have led to the conservation of habitats and species. The third section addresses poverty eradication and food security. The case studies included demonstrate how the combination of traditional knowledge and modern techniques can enhance the productivity of traditional crop varieties, yielding greater benefits for communities. The aim of this volume is to disseminate the lessons learned from these case studies, as well as the findings from projects already in place, which can offer recommendations that can be applied to similar problems elsewhere in an attempt to find environmental solutions for sustainable development. Further, it introduces readers to new approaches to inclusive development, demonstrating that participation and grass root empowerment are key drivers of equitable and sustainable development.
Regulating Bioprospecting
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Author : Padmashree Gehl Sampath
language : en
Publisher: United Nations University Press
Release Date : 2005
Regulating Bioprospecting written by Padmashree Gehl Sampath and has been published by United Nations University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Business & Economics categories.
Bioprospecting--the search for useful biochemical compounds and genes in nature--has been the focus of international negotiations for more than a decade. This book examines the optimal property rights structures and institutional mechanisms for regulating bioprospecting for drug research. It includes examples of bioprospecting collaborations in several countries.
Cites As A Tool For Sustainable Development
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Author : Marie-Claire Cordonier Segger
language : en
Publisher: Cambridge University Press
Release Date : 2023-08-10
Cites As A Tool For Sustainable Development written by Marie-Claire Cordonier Segger and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-08-10 with Law categories.
Reviews the key legal and policy innovations along endangered flora and fauna value chains for CITES to promote more sustainable development.
Biodiversity And Environmental Conservation
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Author : Justice Ross & Roberto Adkins
language : en
Publisher: Scientific e-Resources
Release Date : 2018-10-09
Biodiversity And Environmental Conservation written by Justice Ross & Roberto Adkins and has been published by Scientific e-Resources this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-09 with categories.
Biodiversity is the variety of all the genes, species and ecosystems which are found on our planet. It provides humanity with the cornucopia of goods and services, from food, energy and materials to the genes which protect our crops and cure our diseases. The loss of the earth's biological diversity is one of the most pressing environmental and development issues. Sustainability highlights the idea that the current use of natural resources should not diminish the options of future generations, and maintaining biodiversity is clearly one of the requirements for meeting this goal. Biodiversity conservation addresses the remarkable growth in concern at all levels for living things and the environment, and increased appreciation of the links between the state of ecosystems and the state of humankind. Building on a wealth of research and analysis by the conservation community worldwide, this book provides a comprehensive and accessible view of key global issues in biodiversity. It outlines some of the broad ecological relationships between humans and the rest of the material world and summaries information on the health of the planet. Biodiversity is beneficial to the local environment, and can also be a natural form of crop protection. In conventional agriculture, biodiversity is often eliminated by planting large tracts of fields with a single crop, and killing other species with herbicides, insecticides, pesticides, and fungicides. In the absence of biodiversity, the arrival of a single species can significantly affect crop production, and conventional farmers counter this with chemical killing agents that damage the environmental health of the area. Conservation is the protection, preservation, management, or restoration of wildlife and natural resources such as forests and water. Through the conservation of biodiversity and the survival of many species and habitats which are threatened due to human activities can be ensured. There is an urgent need, not only to manage and conserve the biotic wealth, but also restore the degraded ecosystems. This book will definitely serve as an excellent reference material and practical guide for teachers, research workers, students and environmentalists.
The Regulation Of International Trade
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Author : Michael Trebilcock
language : en
Publisher: Routledge
Release Date : 2013-05-07
The Regulation Of International Trade written by Michael Trebilcock and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-05-07 with Business & Economics categories.
Drawing on a wide variety of classic and contemporary sources, respected authors Trebilcock and Howse here provide a critical analysis of the institutions and agreements that have shaped international trade rules. In light of the growing debate over globalization, they include special sections examinations of topics such as: * agriculture * services and trade-related intellectual property rights * labor rights * the environment * migration. *competition Drawing on previous highly praised editions, this comprehensive text is an invaluable guide to students of economics, law, politics and international relations. Now fully updated, this fourth edition includes full coverage of new developments including the Doha trade round, the proliferation of preferential trade agreements, the debate on trade, climate change and green energy, the response of the trading system to the 2007-2010 financial and economic crisis, the controversy over trade and exchange rate manipulation, and the growing body of WTO dispute resolution case law.
Biodiversity And Traditional Knowledge
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Author : Sarah A. Laird
language : en
Publisher: Routledge
Release Date : 2010-09-23
Biodiversity And Traditional Knowledge written by Sarah A. Laird and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-09-23 with Business & Economics categories.
Biodiversity research and prospecting are long-standing activities taking place in a new legal and ethical environment. Following entry into force of the Convention on Biological Diversity in 1993, and other recent policy developments, expectations and obligations for research and prospecting partnerships have changed. However, to date there are few guides to integrating these concepts with practice. This book offers practical guidance on how to arrive at equitable biodiversity research and prospecting partnerships. Drawing on experience and lessons learned from around the world, it provides case studies, analysis and recommendations in a range of areas that together form a new framework for creating equity in these partnerships. They include researcher codes of ethics, institutional policies, community research agreements, the design of more effective commercial partnerships and biodiversity prospecting contracts, the drafting and implementation of national 'access and benefit-sharing' laws, and institutional tools for the distribution of financial benefits. As part of the People and Plants initiative to enhance the role of communities in efforts to conserve biodiversity and use natural resources sustainably, Biodiversity and Traditional Knowledge will be invaluable to students, researchers and local communities, academic institutions, international agencies, government bodies and companies involved in biodiversity research, prospecting and conservation.