Tag Archives: intellectual property rights

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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New Norms and Knowledge in World Politics: Protecting People, Intellectual Property and the Environment (P. Stoeva)

Author

Preslava Stoeva

Keywords

Norms, international politics, international relations, environment, climate change, protection from torture, intellectual property rights

Abstract

This book examines the process of norm development and knowledge creation in international politics, and assesses these processes in case studies on protection from torture, intellectual property rights and climate change.

Drawing on the theories of constructivism and the sociology of scientific knowledge, author Preslava Stoeva demonstrates that international norms are a product of a sequence of closures and consensus reached at different social levels. She contends that it is this process which makes norms permeate the social and political fabric of international relations even before they become official principles of state behaviour. Proposing a theoretical model which indicates the stages of the development of norms, she studies the roles that various actors play in that process, together with the interplay of various types of power. Through this endeavour, this book succeeds in providing the reader with a better understanding of the social processes that lead to normative change in international relations.

New Norms and Knowledge in World Politics will be of interest to students, scholars and practitioners of international relations, comparative politics, globalization, sociology and anthropology.

Citation

Preslava Stoeva, New Norms and Knowledge in World Politics: Protecting People, Intellectual Property and the Environment (Taylor & Francis, 2009)

Book

New Norms and Knowledge in World Politics: Protecting People, Intellectual Property and the Environment

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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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Environment, Human Rights and International Trade (F. Francioni)

Author

Francesco Francioni

Keywords

Uruguay Round; International trade law; WTO process; GMOs; biosafety; intellectual property rights; technology transfer; environmental protection; trade and labour rights; child labour standards

Abstract

After the completion of the Uruguay Round and the adoption of the 1994 agreement establishing the WTO, the place of international trade in the context of the international legal order has radically changed. International trade law has become a subject of wide-spread interest, cutting across traditional boundaries, and engaging diverse political and legal concerns. One consequence of this development is increasing concern with the legitimacy of the WTO process, which in turn has led to the WTO becoming the focus of rancorous protest by, among others, environmental NGOs, trade unions, and human rights activists. This collection of essays by leading scholars and lawyers engaged in the policy-making process, addresses the underlying tensions and dilemmas of the WTO process and its impact upon the environment and human rights in particular. The contributors search for a balance between, on the one hand, legitimate free trade interests and, on the other, the role and limits of unilateral measures as an instrument to protect non-commercial values. The essays thus range over a host of topical questions including: trade in GMOs, biosafety in intellectual property rights, technology transfer and environmental protection, trade and labour rights, child labour standards, the EU and WTO, MERCOSUR, and many other topics. The contributors include: Thomas Schoenbaum, Andrea Bianchi, Chris McCrudden, Michael Spence, Sarah Cleveland, Patricia Hansen, Riccardo Pavoni, and Francesco Francioni.

Citation

Francesco Francioni, Environment, Human Rights and International Trade (Hart, 2001)

Book

Environment, Human Rights and International Trade

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