Fair and Equitable Benefit-Sharing in Agriculture

This book explores the emergence and development of the legal concept of fair and equitable benefit-sharing, and its application in agriculture. Drawing on a range of case studies the book examines the emergence of benefit-sharing in international environmental law

Beyond access and benefit-sharing : lessons from the law and governance of agricultural biodiversity

The concept of fair and equitable benefit-sharing emerged in the early 90s as a corollary to the principle of national sovereignty over natural and genetic resources. In the context of agricultural biodiversity use, it can be conceptualized in three ways: as a defensive tool to balance the injustices enshrined in the intellectual property rights system; as a development tool to reap part of the benefits of the emerging biodiversity market; and as an incentive, to reward and enable farmers' continued contribution to conservation. This article seeks to assess the potential of the concept in operationalizing fairness and equity in agricultural biodiversity governance, in an increasingly complex legal and policy landscape of conflicting rights and policies. It briefly explains its emergence in the context of the evolving principles of governance of agricultural biodiversity; and analyses the structure and application of the Multilateral System of Access and Benefit-sharing established by the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) in the framework of intellectual property- and human rights-related processes. Identifying linkages, challenges and key lessons, which are useful for a wide range of processes within and beyond the international environmental law realm, it concludes that the concept falls short of its promises. It thus calls for imagining new dialogues and concepts to redefine the boundaries between what must remain in the public domain, what may be managed as a common and what may be privatized

Beyond access and benefit-sharing : lessons from the emergence and application of the principle of fair and equitable benefit-sharing in agrobiodiversity governance

This chapter assesses the application of the concept of fair and equitable benefit-sharing (Tsioumani 2014; Morgera 2016). First, it briefly explains the emergence of the concept in the context of the evolving principles of governance of agricultural biodiversity. Second, the chapter addresses the Multilateral System (MLS) for access to and fair and equitable benefit-sharing from the use of plant genetic resources (ABS) of the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA ), which is arguably the most sophisticated ABS system in international law (Halewood et al. 2013b; Kamau and Winter 2013; Guneratne 2012; Biber-Klemm and Cottier 2006; Chiarolla 2012; Correa 1999; Helfer 2004; Raustiala and Victor 2004; Oberthur et al 2011; Oguamanam 2006; Cabrera Medaglia et al. 2013; Chiarolla et al. 2013; Morgera et al 2014). Third, it explores (lack of) benefit-sharing applications in intellectual property rights (IPR) instruments and related human rights concerns. Concluding remarks on identified complexities, contradictions and weaknesses indicate that, despite promise and good intentions, the concept of fair and equitable benefit-sharing has failed to inject fairness and justice in agricultural research and development, or promote agrobiodiversity conservation, including through ensuring the continued contribution of smallholder farmers

Unraveling the Nagoya Protocol

The Nagoya Protocol is an unprecedented international environmental agreement that equally addresses development, distributive justice, and environmental sustainability. With a balanced view of the various possible interpretations of the Protocol provisions, in light of different national and regional perspectives, and a systematic highlighting of its legal innovations, Unraveling the Nagoya Protocol: A Commentary on the Nagoya Protocol on Access and Benefit-sharing to the Convention on Biological Diversity will serve as a seminal work for all those interested in the environment, human rights, economics and both legal and scientific innovations. Readership: Academics and practitioners interested in international environmental law, biodiversity, human rights and sustainable development