Tag Archives: access

Unraveling the Nagoya Protocol: A Commentary on the Nagoya Protocol on Access and Benefit-sharing to the Convention on Biological Diversity (E. Morgera et al.)

Author(s)

Elisa Morgera, Elsa Tsioumani, Matthias Buck

Keywords

access, benefit-sharing, environmental sustainability, sustainable development, international law, human rights, intellectual property rights, health, food, oceans

Abstract

The Nagoya Protocol on access and benefit-sharing is an international environmental agreement that concerns environmental sustainability, other sustainable development issues and equity. It addresses a complex subject matter that affects a range of research, development and commercial activities and is relevant to different areas of international law such as human rights, intellectual property rights, health, food and oceans.

Unraveling the Nagoya Protocol identifies textual, contextual and systemic interpretative questions and suggests solutions that aim to give a coherent and balanced meaning to the text of the Protocol. Offering a systematic discussion of the Protocol’s legal innovations against the background of general international law, this commentary aims to be of use to international biodiversity law scholars and practitioners, as well as to international lawyers that approach access and benefit-sharing for the first time

Citation

E. Morgera et al. 2014. Unraveling the Nagoya Protocol: A Commentary on the Nagoya Protocol on Access and Benefit-sharing to the Convention on Biological Diversity. Martinus Nijhoff.

Paper

Unraveling the Nagoya Protocol: A Commentary on the Nagoya Protocol on Access and Benefit-sharing to the Convention on Biological Diversity

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Pedestrian democracy and the geography of hope (K. Gray)

Author

Kevin Gray (Trinity College, Cambridge, UK; NUS, Singapore)

Keywords

access, scenic landscape, human rights, rationales of entitlement

Abstract

A notable feature of the contemporary evolution of property law has been an increasing recognition of public entitlements of access to wild or scenic natural landscape. The right to traverse someone else’s land for recreational purposes is one component of what some have called ‘pedestrian democracy’. The following pages trace the origin of liberalizing developments in this area, relating these innovations to the paucity and fragility of pre-existing entitlements of recreational user. But can it now be said that there exists a human right of access to nature? This article addresses some of the arguments that might underlie such a claim. It explores the nexus between moral landscape, aesthetic experience, personal and psychological well-being, social equity, citizenship and environmental responsibility. The paper draws upon convergent themes in law, literature and landscape theory in order to identify the ‘geography of hope’ which Wallace Stegner famously associated with the proximity and accessibility of raw earthscape. The article concludes by suggesting that the modern paramountcy of environmental obligation is beginning to import a correlative human right to engage more closely with the natural world and to enjoy access to the regenerative benefits afforded by wild and open spaces.

Citation

(2010) 1 Journal of Human Rights and the Environment 45

Paper

Pedestrian democracy and the geography of hope

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International Environmental Law, Water and the Future (H. Elver)

Author

Hilal Elver

Keywords

Fresh water, access, third world

Abstract

This article focuses on the development of international law principles in the area of fresh water, one of the major emerging concerns at the global level. These principles, from the period of abundance to scarcity of fresh water, are evaluated parallel to changing economic, geopolitical and environmental conditions of world politics. Currently over a billion people in the Third World do not have access to safe drinking water. Is current international law capable of addressing the challenge of global water scarcity in 21st century? I will evaluate the moral principles of international human rights, and economic principles of free market ideology to solve the problem of access to fresh water resources for all for the future.

Citation

(2006) 27 Third World Quarterly 885-901

Paper

International Environmental Law, Water and the Future

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