The Nagoya Protocol to the Convention on Biological Diversity (CBD) is rapidly receiving signatures and ratifications. Many countries are preparing to implement the protocol through national research permit systems and/or biodiversity laws. Yet there is still considerable confusion about how to implement the Protocol, regarding access and benefit-sharing (ABS) procedures, and minimal experience in many countries. This book seeks to remedy this gap in understanding by analysing a number of ABS case studies in light of the Nagoya Protocol. The case studies are wide-ranging, with examples of plants for medicinal, cosmetic, biotech and food products from or for development in Australia, North Africa, Madagascar, Switzerland, Thailand, USA and Oceania. These will encourage countries to develop national systems which maximise their benefits (both monetary and non-monetary) towards conservation and support for local communities that hold traditional knowledge. In addition, the author analyses new expectations raised by the Nagoya Protocol, such as the encouragement of the development of community protocols by indigenous and local communities. As a result, stakeholders and policy-makers will be able to learn the steps involved in establishing ABS agreements, issues that arise between stakeholders, and the types of benefits that might be realistic.

The 2010 Nagoya Protocol on Access and Benefit-sharing in Perspective analyses the implications of this innovative environmental treaty for different areas of international law, and its implementation challenges in various regions and from the perspectives of various stakeholders.

The book aims to address the lack of information on the experiences of others by providing a comparative analysis of national access and benefit-sharing laws and policies in the 41 Pacific Rim countries that signed the CBD. It provides key insights on the main characteristics of selected access and benefit-sharing (ABS) policies and laws, their development, and implementation process. It contains a detailed comparative analysis of existing laws and policies. It presents four case studies of countries with regulations in place and contrasts them with four case studies of countries that are struggling to develop their regulations. It ends by discussing options of an international regime on ABS and a summary analysis of the main lessons and recommendations from the study.

Foreword; Acknowledgements; List of Abbreviations; Table of Legal Materials Cited; Introduction; 1 The International Debate on Access and Benefit-sharing; 1.1 Asymmetries and the Ethical Rationale for ABS; 1.2 An Incentive-based Approach to Biodiversity Conservation and the Economic Rationale for ABS; 1.3 The ABS Provisions of the CBD; 2 From the CBD to the Nagoya Protocol via the Bonn Guidelines; 3 Traditional Knowledge and ABS; 4 Indigenous Peoples and Local Communities as Beneficiaries of the CBD and the Nagoya Protocol.

Originally published in 1999 The Commercial Use of Biodiversity examines how biodiversity and the genetic material it contains are now as valuable resources. Access to genetic resources and their commercial development involve a wide range of parties such as conservation and research institutes, local communities, government agencies and companies. Equitable partnerships are not only crucial to conservation and economic development but are also in the interests of business and often required by law. In this authoritative and comprehensive volume, the authors explain the provisions of the Convention on Biological Diversity on access and benefit-sharing, the effect of national laws to implement these, and aspects of typical contracts for the transfer of materials. They provide a unique sector-by-sector analysis of how genetic resources are used, the scientific, technological and regulatory trends and the different markets in Pharmaceuticals, Botanical Medicines, Crop Development, Horticulture, Crop Protection, Biotechnology (in fields other than healthcare and agriculture) and Personal Care and Cosmetics Products. This will be an essential sourcebook for all those in the commercial chain, from raw material collection to product discovery, development and marketing, for governments and policy-makers drafting laws on access and for all the institutions, communities and individuals involved in the conservation, use, study and commercialisation of genetic resources.

Globally, local and indigenous approaches to conserving biodiversity, crop improvement, and managing precious natural resources are under threat. Many communities have to deal with 'biopiracy,' for example. As well, existing laws are usually unsuitable for protecting indigenous and traditional knowledge and for recognizing collective rights, such as in cases of participatory plant breeding, where farmers, researchers and others join forces to improve existing crop varieties or develop new ones, based on shared knowledge and resources. This book addresses these issues. It outlines the national and international policy processes that are currently underway to protect local genetic resources and related traditional knowledge and the challenges these initiatives have faced. In particular these themes are addressed within the context of the Convention of Biological Diversity and the International Treaty on Plant Genetic Resources for Food and Agriculture. The authors broaden the policy and legal debates beyond the sphere of policy experts to include the knowledge-holders themselves. These are the 'custodians of biodiversity': farmers, herders and fishers in local communities. Their experience in sharing access and benefits to genetic resources is shown to be crucial for the development of effective national and international agreements. The book presents and analyzes this experience, including case studies from China, Cuba, Honduras, Jordan, Nepal, Peru and Syria. Copublished with the International Development Research Centre (IDRC).

There has been a deliberative, but as yet unsuccessful, attempt by scholars and policy makers to articulate a more meaningful idea of Europe, which would enhance the legitimacy of the European Union and provide the basis for a European identity. Using a detailed analysis of the writings of Nietzsche, Elbe seeks to address this problem and argues that Nietzsche's thinking about Europe can significantly illuminate our understanding. He demonstrates how Nietzsche's critique of nationalism and the notion of the 'good European' can assist contemporary scholars in the quest for a vision of Europe and a definition of what it means to be a European citizen.