Tag Archives: equity

Justice, Equity and Benefit-Sharing under the Nagoya Protocol to the Convention on Biological Diversity (E. Morgera)

Author

Elisa Morgera

Keywords

benefit-sharing, biodiversity, equity, justice, Nagoya Protocol, mutual supportiveness, indigenous peoples

Abstract

This article attempts to bridge the multi-disciplinary debate on environmental justice and the traditional international legal debate on equity with a view to analysing the legal concept of fair and equitable benefit-sharing in international law. To that end, the article uses the Nagoya Protocol to the Convention on Biological Diversity as a testing ground for: i) unpacking different notions of justice that may be pursued through fair and equitable benefit-sharing from access to genetic resources and the use of associated traditional knowledge, and ii) relating different notions of justice to the different functions that equity plays in international law. The aim is to test the potential wider application, in other areas of international law that refer to benefit-sharing, of linking a pluralist notion of environmental justice to different functions of equity. It is argued that this helps systematically unveil implicit legal design choices in relation to the pursuit of justice through international law-making, and interpret international legal instruments in ways that can contribute to negotiate concrete understandings of justice on a case-by-case basis.

Citation

Edinburgh School of Law Research Paper No. 2015/16

Paper

Justice, Equity and Benefit-Sharing under the Nagoya Protocol to the Convention on Biological Diversity

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Fair and Equitable Benefit-sharing at the Cross-roads of the Human Right to Science and International Biodiversity Law (E. Morgera)

Author(s)

Elisa Morgera

Keywords

right to science, benefit-sharing, equity, international law, biodiversity, human rights

Abstract

As the debate about the need to clarify the content of the human right to science intensifies, this article assesses opportunities for opening a scholarly and policy dialogue on fair and equitable benefit-sharing between international human rights and biodiversity lawyers. To that end, the article contrasts the emerging conceptualizations of the right to science in the context of international cultural rights and of fair and equitable benefit-sharing under international biodiversity law. It then critically assesses the potential for cross-fertilization with specific regard to: the sharing of scientific information and promotion of scientific cooperation, the transfer of technology, and the protection and valorization of traditional knowledge of indigenous peoples and local communities. While acknowledging that both the right to science and fair and equitable benefit-sharing are far from being fully understood or operationalized, the article argues that developments in international biodiversity law concerning the latter may provide insights into how a vague and optimistic concept can (and when it cannot) lead to tangible outcomes, rather than remaining merely rhetorical.

Citation

(2015) Laws 4 pp.803-831

Paper

Fair and Equitable Benefit-sharing at the Cross-roads of the Human Right to Science and International Biodiversity Law

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Justice, Equity and Benefit-Sharing Under the Nagoya Protocol to the Convention on Biological Diversity (E. Morgera)

Author(s)

Elisa Morgera

Keywords

benefit-sharing, biodiversity, equity, justice, Nagoya Protocol, mutual supportiveness, indigenous peoples

Abstract

This article attempts to bridge the multi-disciplinary debate on environmental justice and the traditional international legal debate on equity with a view to analysing the legal concept of fair and equitable benefit-sharing in international law. To that end, the article uses the Nagoya Protocol to the Convention on Biological Diversity as a testing ground for: i) unpacking different notions of justice that may be pursued through fair and equitable benefit-sharing from access to genetic resources and the use of associated traditional knowledge, and ii) relating different notions of justice to the different functions that equity plays in international law. The aim is to test the potential wider application, in other areas of international law that refer to benefit-sharing, of linking a pluralist notion of environmental justice to different functions of equity. It is argued that this helps systematically unveil implicit legal design choices in relation to the pursuit of justice through international law-making, and interpret international legal instruments in ways that can contribute to negotiate concrete understandings of justice on a case-by-case basis.

Citation

(2015) 24 Italian Yearbook of International Law pp. 113 – 141

Paper

Justice, Equity and Benefit-Sharing Under the Nagoya Protocol to the Convention on Biological Diversity

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An International Legal Concept of Fair and Equitable Benefit-Sharing (E. Morgera)

Author(s)

Elisa Morgera

Keywords

Benefit-sharing, equity, biodiversity, human rights, law of the sea

Abstract

Fair and equitable benefit-sharing is a diffuse legal phenomenon in international law that has elicited little investigation with regard to its nature, extent and implications. It has been mostly studied as the cornerstone of the international legal regime on bioprospecting. But, under the radar, a growing number of international legal materials refer to “benefit-sharing” with regard to natural resource use, environmental protection and the use of knowledge. Against this background, this article aims to develop a concept of fair and equitable benefit-sharing deriving from international environmental law, international human rights law and the law of the sea, with a view to shifting the investigation from current sectoral/technical approaches to the perspective of general international law. The conclusions will develop a research agenda on the basis of the proposed conceptualization.

Citation

(2015) Edinburgh School of Law Research Paper 20

Paper

An International Legal Concept of Fair and Equitable Benefit-Sharing

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The Right to Know and the Duty to Disclose: Pathways to Effective Monitoring, Reporting, and Verification Within the Constitutionalism of Climate Justice (T. Thorp)

Author

Teresa Thorp

Keywords

Right to Information, Human Rights, Environmental Law, Equity, International Law

Abstract

The Article is in two parts. Part one examines the dynamic interactions between the right to information, human rights, and environmental law from an objective perspective. It situates monitoring, reporting, and verification (MRV) within a new architecture of human rights as “people’s rights.” Part two then delves into how international human rights and environmental law may inform a “subjective” test of equity by mobilizing the “right to information” in international climate law. In doing so, it shows how a new approach to international legal architecture, one based on “people’s rights,” may help to improve the effectiveness of MRV in terms of multi-nodal and multi-level governance.

Citation

(2012) 30 Pace Environmental Law Review 140

Paper

The Right to Know and the Duty to Disclose: Pathways to Effective Monitoring, Reporting, and Verification Within the Constitutionalism of Climate Justice

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