Tag Archives: environmental sustainability

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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Exhuming a UN for ‘We the Peoples’ (T Jenkins)

Author

Tony Jenkins

Keywords

UN, human rights, health, environmental sustainability

Abstract

Over the past several months I have sat nervously in fear, busily biting my lip, listening to my colleagues one by one declare the death of the United Nations. Their fears, and mine alike, were triggered by the unilateral U.S. declaration of war on Iraq without bringing a Security Council resolution to vote. The talk around the academic coffeehouse circuit says that the UN’s legitimacy has been completely undermined and that its ability to effectively manage future conflicts is uncertain. Recently various liberal-minded editorials have attempted to reaffirm the UN’s relevance, giving particular attention to post-war reconstruction and its continuous global work in human rights, health and environmental sustainability. But even these UN successes are not free from jeopardy. In its treatment of post-war Iraq the U.S. has managed to ignore or undermine the UN’s experience in these regards as well. These editorials have stated the obvious: that the U.S. still scoffs at the idea of global governance and seemingly only wants to play by its own rules. While truthful, these observations remain locked in the nation-state military security paradigm. It existed when the UN was formed, and unfortunately remains just as dominant today. Perhaps the greatest threat posed by the belligerent U.S. security policy is that it undermines the hope provided by other UN functions, such as promoting human rights standards, clean water supplies, women’s education and reproductive health, social and political justice, programs of disarmament, and environmental sustainability.

Citation

(2003) 15 Peace Review 479-482

Paper

Exhuming a UN for “We the Peoples”

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Poverty Alleviation and Environmental Sustainability through…Technology Transfer (K. Bosselmann)

Author

Klaus Bosselmann

Keywords

Clean development mechanism; climate change; environmental sustainability; environmentally sound technology; intellectual property rights; millennium development goals; multilateral environmental agreements; poverty alleviation; technology transfer

Abstract

To achieve the Millennium Development Goals, international technology transfer can play a major role for poverty alleviation and environmental sustainability. At present, there are economic, social and legal (rather than technical) barriers preventing the transfer of environmentally sound technology (EST) from a wider use in international regimes. Removing these barriers requires greater political and regulatory efforts both domestically and internationally. To enable EST transfer, developed States need to improve domestic market conditions such as removal of negative subsidies and barriers to foreign investment, targeted fiscal incentives and law reforms favouring sustainable production and use of energy. There is no realistic perspective for international EST transfer as long as it is disadvantaged domestically. A coherent EST transfer regime is only possible through greater governmental intervention at the national and international level, including environmental regulations, national systems of innovation, and creating an enabling environment for EST. Such intervention should include effective public-private partnerships, both within and between States. Partnerships, if guided by law, could ensure EST innovation more efficiently than purely State-driven or market-driven EST transfers. In search for a model, the EST transfer regime under the Vienna Ozone Layer Convention and the Montreal Protocol deserves recognition. For example, the clean development mechanism under the Kyoto Protocol allows for considerable scope for EST transfer. The potential of EST transfer for climate change and for meeting the Millennium Development Goals has yet to be realized.

Citation

(2006) 2(1) Law, Environment and Development Journal 19

Paper

Poverty Alleviation and Environmental Sustainability through Improved Regimes of Technology Transfer

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Protecting the rights of indigenous peoples – promoting the sustainability of…(L. Heinamaki)

Author

Leena Heinamaki.

Keywords

Endangered species; environmental protection; human rights; indigenous peoples; vulnerability; sustainability; whaling; World Bank; economics.

Abstract

Examines the view that protection of indigenous peoples’ human rights can make a valuable contribution to protecting environmental sustainability due to their traditional knowledge and cultural practices. Discusses how this notion has been incorporated into international human rights and environmental law instruments, and has influenced the policies of the World Bank. Considers how the regimes protecting whales and polar bears from hunting address a contradiction between the interests of indigenous peoples and vulnerable animal species. Assesses whether indigenous peoples’ environmental duties should be recognised alongside their rights.

Citation

(2009) 11(1) International Community Law Review, 3-68.

Paper

Protecting the rights of indigenous peoples – promoting the sustainability of the global environment?

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Sustainability and the English commons: a legal pluralist analysis (M. Pieraccini)

Author

Margherita Pieraccini

Keywords

Commons; Customary law; Environmental protection; Pluralism; Proprietary rights; Sustainability

Abstract

Applies legal pluralist analysis to assess how environmental management, property law and soft and customary law interact in the sustainability governance of common land, referring to case studies.

Citation

(2010) 12(2) Environmental Law Review 94 -114

Paper

Sustainability and the English commons: a legal pluralist analysis

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