Srividhya Ragavan
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199840670
- eISBN:
- 9780199949786
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199840670.003.0011
- Subject:
- Law, Intellectual Property, IT, and Media Law
This chapter studies the Convention on Biological Diversity (CBD), which is responsible for creating an international framework that allows for the beneficial conservation and exploitation of ...
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This chapter studies the Convention on Biological Diversity (CBD), which is responsible for creating an international framework that allows for the beneficial conservation and exploitation of biodiversity. It notes that the term biological diversity covers plants, animals, and microorganisms, as well as their relationship to the overall ecosystems. It identifies the distinguishing feature of the CBD and its ability to allow access to genetic resources. This chapter also introduces the concept of bioprospecting, which is the commercialization of biological diversity to extract materials for different purposes that are mainly research-oriented, and studies several models that can help maximize the value of biodiversity resources. The protection of the application of traditional knowledge is also studied.Less
This chapter studies the Convention on Biological Diversity (CBD), which is responsible for creating an international framework that allows for the beneficial conservation and exploitation of biodiversity. It notes that the term biological diversity covers plants, animals, and microorganisms, as well as their relationship to the overall ecosystems. It identifies the distinguishing feature of the CBD and its ability to allow access to genetic resources. This chapter also introduces the concept of bioprospecting, which is the commercialization of biological diversity to extract materials for different purposes that are mainly research-oriented, and studies several models that can help maximize the value of biodiversity resources. The protection of the application of traditional knowledge is also studied.
Michael Doebeli
- Published in print:
- 2011
- Published Online:
- October 2017
- ISBN:
- 9780691128931
- eISBN:
- 9781400838936
- Item type:
- book
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691128931.001.0001
- Subject:
- Biology, Biodiversity / Conservation Biology
Understanding the mechanisms driving biological diversity remains a central problem in ecology and evolutionary biology. Traditional explanations assume that differences in selection pressures lead ...
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Understanding the mechanisms driving biological diversity remains a central problem in ecology and evolutionary biology. Traditional explanations assume that differences in selection pressures lead to different adaptations in geographically separated locations. This book takes a different approach and explores adaptive diversification—diversification rooted in ecological interactions and frequency-dependent selection. In any ecosystem, birth and death rates of individuals are affected by interactions with other individuals. What is an advantageous phenotype therefore depends on the phenotype of other individuals, and it may often be best to be ecologically different from the majority phenotype. Such rare-type advantage is a hallmark of frequency-dependent selection and opens the scope for processes of diversification that require ecological contact rather than geographical isolation. This book investigates adaptive diversification using the mathematical framework of adaptive dynamics. Evolutionary branching is a paradigmatic feature of adaptive dynamics that serves as a basic metaphor for adaptive diversification, and the book explores the scope of evolutionary branching in many different ecological scenarios, including models of coevolution, cooperation, and cultural evolution. It also uses alternative modeling approaches. Stochastic, individual-based models are particularly useful for studying adaptive speciation in sexual populations, and partial differential equation models confirm the pervasiveness of adaptive diversification. Showing that frequency-dependent interactions are an important driver of biological diversity, the book provides a comprehensive theoretical treatment of adaptive diversification.Less
Understanding the mechanisms driving biological diversity remains a central problem in ecology and evolutionary biology. Traditional explanations assume that differences in selection pressures lead to different adaptations in geographically separated locations. This book takes a different approach and explores adaptive diversification—diversification rooted in ecological interactions and frequency-dependent selection. In any ecosystem, birth and death rates of individuals are affected by interactions with other individuals. What is an advantageous phenotype therefore depends on the phenotype of other individuals, and it may often be best to be ecologically different from the majority phenotype. Such rare-type advantage is a hallmark of frequency-dependent selection and opens the scope for processes of diversification that require ecological contact rather than geographical isolation. This book investigates adaptive diversification using the mathematical framework of adaptive dynamics. Evolutionary branching is a paradigmatic feature of adaptive dynamics that serves as a basic metaphor for adaptive diversification, and the book explores the scope of evolutionary branching in many different ecological scenarios, including models of coevolution, cooperation, and cultural evolution. It also uses alternative modeling approaches. Stochastic, individual-based models are particularly useful for studying adaptive speciation in sexual populations, and partial differential equation models confirm the pervasiveness of adaptive diversification. Showing that frequency-dependent interactions are an important driver of biological diversity, the book provides a comprehensive theoretical treatment of adaptive diversification.
Yrjö Haila
- Published in print:
- 2017
- Published Online:
- May 2018
- ISBN:
- 9780262036580
- eISBN:
- 9780262341585
- Item type:
- chapter
- Publisher:
- The MIT Press
- DOI:
- 10.7551/mitpress/9780262036580.003.0009
- Subject:
- Environmental Science, Environmental Studies
The term biodiversity was introduced in the 1980s as a novel framing for the human dependence on the Earth's biosphere. 'Biodiversity loss' became the way to capture a major dimension of global ...
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The term biodiversity was introduced in the 1980s as a novel framing for the human dependence on the Earth's biosphere. 'Biodiversity loss' became the way to capture a major dimension of global environmental problems. The chapter describes stages of this process. The first phase of the spread of the term was its enthusiastic reception among environmentalists. Second, concern was integrated into international environmental policy at the Rio Conference in 1992 through the adoption of the Convention on Biological Diversity. Efforts to implement the convention have created an environmental regime both internationally and within different countries. However, due to its broad coverage of processes of living nature and its huge ambition to regulate human modification of nature and exploitation of natural resources, there have been major difficulties with implementation. In particular, how to integrate specific issues manifested in local contexts, and the global concern, has proved problematic.Less
The term biodiversity was introduced in the 1980s as a novel framing for the human dependence on the Earth's biosphere. 'Biodiversity loss' became the way to capture a major dimension of global environmental problems. The chapter describes stages of this process. The first phase of the spread of the term was its enthusiastic reception among environmentalists. Second, concern was integrated into international environmental policy at the Rio Conference in 1992 through the adoption of the Convention on Biological Diversity. Efforts to implement the convention have created an environmental regime both internationally and within different countries. However, due to its broad coverage of processes of living nature and its huge ambition to regulate human modification of nature and exploitation of natural resources, there have been major difficulties with implementation. In particular, how to integrate specific issues manifested in local contexts, and the global concern, has proved problematic.
John Tyler Bonner
- Published in print:
- 2013
- Published Online:
- October 2017
- ISBN:
- 9780691157016
- eISBN:
- 9781400846429
- Item type:
- book
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691157016.001.0001
- Subject:
- Biology, Evolutionary Biology / Genetics
This book challenges a central tenet of evolutionary biology. The book makes the bold and provocative claim that some biological diversity may be explained by something other than natural selection. ...
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This book challenges a central tenet of evolutionary biology. The book makes the bold and provocative claim that some biological diversity may be explained by something other than natural selection. The book makes an argument for the underappreciated role that randomness—or chance—plays in evolution. Due to the tremendous and enduring influence of Darwin's natural selection, the importance of randomness has been to some extent overshadowed. The book shows how the effects of randomness differ for organisms of different sizes, and how the smaller an organism is, the more likely it is that morphological differences will be random and selection may not be involved to any degree. The book then traces the increase in size and complexity of organisms over geological time, and looks at the varying significance of randomness at different size levels, from microorganisms to large mammals. The book also discusses how sexual cycles vary depending on size and complexity, and how the trend away from randomness in higher forms has even been reversed in some social organisms.Less
This book challenges a central tenet of evolutionary biology. The book makes the bold and provocative claim that some biological diversity may be explained by something other than natural selection. The book makes an argument for the underappreciated role that randomness—or chance—plays in evolution. Due to the tremendous and enduring influence of Darwin's natural selection, the importance of randomness has been to some extent overshadowed. The book shows how the effects of randomness differ for organisms of different sizes, and how the smaller an organism is, the more likely it is that morphological differences will be random and selection may not be involved to any degree. The book then traces the increase in size and complexity of organisms over geological time, and looks at the varying significance of randomness at different size levels, from microorganisms to large mammals. The book also discusses how sexual cycles vary depending on size and complexity, and how the trend away from randomness in higher forms has even been reversed in some social organisms.
Günter P. Wagner
- Published in print:
- 2014
- Published Online:
- October 2017
- ISBN:
- 9780691156460
- eISBN:
- 9781400851461
- Item type:
- book
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691156460.001.0001
- Subject:
- Biology, Evolutionary Biology / Genetics
Homology—a similar trait shared by different species and derived from common ancestry, such as a seal's fin and a bird's wing—is one of the most fundamental yet challenging concepts in evolutionary ...
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Homology—a similar trait shared by different species and derived from common ancestry, such as a seal's fin and a bird's wing—is one of the most fundamental yet challenging concepts in evolutionary biology. This book provides the first mechanistically based theory of what homology is and how it arises in evolution. The book argues that homology, or character identity, can be explained through the historical continuity of character identity networks—that is, the gene regulatory networks that enable differential gene expression. It shows how character identity is independent of the form and function of the character itself because the same network can activate different effector genes and thus control the development of different shapes, sizes, and qualities of the character. Demonstrating how this theoretical model can provide a foundation for understanding the evolutionary origin of novel characters, the book applies it to the origin and evolution of specific systems, such as cell types; skin, hair, and feathers; limbs and digits; and flowers. The first major synthesis of homology to be published in decades, this book reveals how a mechanistically based theory can serve as a unifying concept for any branch of science concerned with the structure and development of organisms, and how it can help explain major transitions in evolution and broad patterns of biological diversity.Less
Homology—a similar trait shared by different species and derived from common ancestry, such as a seal's fin and a bird's wing—is one of the most fundamental yet challenging concepts in evolutionary biology. This book provides the first mechanistically based theory of what homology is and how it arises in evolution. The book argues that homology, or character identity, can be explained through the historical continuity of character identity networks—that is, the gene regulatory networks that enable differential gene expression. It shows how character identity is independent of the form and function of the character itself because the same network can activate different effector genes and thus control the development of different shapes, sizes, and qualities of the character. Demonstrating how this theoretical model can provide a foundation for understanding the evolutionary origin of novel characters, the book applies it to the origin and evolution of specific systems, such as cell types; skin, hair, and feathers; limbs and digits; and flowers. The first major synthesis of homology to be published in decades, this book reveals how a mechanistically based theory can serve as a unifying concept for any branch of science concerned with the structure and development of organisms, and how it can help explain major transitions in evolution and broad patterns of biological diversity.
Catherine Redgwell
- Published in print:
- 2002
- Published Online:
- March 2012
- ISBN:
- 9780199253784
- eISBN:
- 9780191698163
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199253784.003.0006
- Subject:
- Law, Human Rights and Immigration
This chapter examines the public-participation movement in various protective sectors of environmental law. The movements to protect endangered species, biodiversity, and fragile ecological areas ...
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This chapter examines the public-participation movement in various protective sectors of environmental law. The movements to protect endangered species, biodiversity, and fragile ecological areas have both benefited from public-participation mechanisms and have helped to encourage further public-participation activities. This chapter considers the intersection of public participation and mining and energy resources development from the perspective of the principal biodiversity-related conventions. It focuses on the three global conventions of most direct relevance for this topic, namely, the CBD, Ramsar, and the WHC.Less
This chapter examines the public-participation movement in various protective sectors of environmental law. The movements to protect endangered species, biodiversity, and fragile ecological areas have both benefited from public-participation mechanisms and have helped to encourage further public-participation activities. This chapter considers the intersection of public participation and mining and energy resources development from the perspective of the principal biodiversity-related conventions. It focuses on the three global conventions of most direct relevance for this topic, namely, the CBD, Ramsar, and the WHC.
Judy Diamond and Patrick Kociolek
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199730421
- eISBN:
- 9780199949557
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199730421.003.0016
- Subject:
- Psychology, Developmental Psychology, Cognitive Psychology
Of any public institution, natural history museums have the most extensive intellectual and physical resources for teaching the public about evolution. This chapter traces how evolution exhibits in ...
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Of any public institution, natural history museums have the most extensive intellectual and physical resources for teaching the public about evolution. This chapter traces how evolution exhibits in natural history museums have changed over the past century from displays based on collections of biological diversity to experiential teaching units that focus on processes and mechanisms of evolution that are based on contemporary research findings. To assess how well these efforts help people understand evolution will require a significant commitment to experimentally-based learning research to determine how to create meaningful educational change through the experience of visiting exhibits.Less
Of any public institution, natural history museums have the most extensive intellectual and physical resources for teaching the public about evolution. This chapter traces how evolution exhibits in natural history museums have changed over the past century from displays based on collections of biological diversity to experiential teaching units that focus on processes and mechanisms of evolution that are based on contemporary research findings. To assess how well these efforts help people understand evolution will require a significant commitment to experimentally-based learning research to determine how to create meaningful educational change through the experience of visiting exhibits.
Ruth Mackenzie
- Published in print:
- 2002
- Published Online:
- March 2012
- ISBN:
- 9780199255733
- eISBN:
- 9780191698262
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199255733.003.0005
- Subject:
- Law, Environmental and Energy Law, Comparative Law
This chapter focuses on the risks posed by genetically modified crops. It argues that many of the risks which are likely to materialize fall comfortably within traditional heads of damage such as ...
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This chapter focuses on the risks posed by genetically modified crops. It argues that many of the risks which are likely to materialize fall comfortably within traditional heads of damage such as personal injury or damage to property. There is also, however, a risk of environmental damage per se, which legal systems may find more problematic. In particular, the notion of damage to ‘biological diversity’ requires careful consideration, especially in light of the definition in the Biodiversity Convention. In the same context, while compensable damage should include the costs of preventive measures and reasonable measures of reinstatement, it should not be so limited, since it may well no longer be feasible to recall the GMO in question.Less
This chapter focuses on the risks posed by genetically modified crops. It argues that many of the risks which are likely to materialize fall comfortably within traditional heads of damage such as personal injury or damage to property. There is also, however, a risk of environmental damage per se, which legal systems may find more problematic. In particular, the notion of damage to ‘biological diversity’ requires careful consideration, especially in light of the definition in the Biodiversity Convention. In the same context, while compensable damage should include the costs of preventive measures and reasonable measures of reinstatement, it should not be so limited, since it may well no longer be feasible to recall the GMO in question.
Astrid J. Scholz
- Published in print:
- 2003
- Published Online:
- March 2012
- ISBN:
- 9780520237612
- eISBN:
- 9780520937499
- Item type:
- chapter
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520237612.003.0009
- Subject:
- History, History of Science, Technology, and Medicine
This chapter describes the drug discovery process in pharmaceutical research to show how deeply the new biotechnologies constitute the politics and economics of genetic resources. The analysis ...
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This chapter describes the drug discovery process in pharmaceutical research to show how deeply the new biotechnologies constitute the politics and economics of genetic resources. The analysis concerns the interest of the pharmaceutical industry in biological diversity and draws on interviews with researchers, managers, and policy makers, and on participant observation at sites of drug research—including industry, university, and government laboratories. Successful development of natural products depends on access to and collection of the biological source materials. Taxol illustrates two characteristics of natural products that have become significant in the discourse about genetic resources. The use of natural products is now defined in terms of the capital costs that have already been sunk into high-throughput screening and analytical biochemistry. Given the changes in the pharmaceutical industry and the political prominence it was afforded by the biodiversity discourse, the utilitarian argument for preserving biodiversity is a Trojan horse.Less
This chapter describes the drug discovery process in pharmaceutical research to show how deeply the new biotechnologies constitute the politics and economics of genetic resources. The analysis concerns the interest of the pharmaceutical industry in biological diversity and draws on interviews with researchers, managers, and policy makers, and on participant observation at sites of drug research—including industry, university, and government laboratories. Successful development of natural products depends on access to and collection of the biological source materials. Taxol illustrates two characteristics of natural products that have become significant in the discourse about genetic resources. The use of natural products is now defined in terms of the capital costs that have already been sunk into high-throughput screening and analytical biochemistry. Given the changes in the pharmaceutical industry and the political prominence it was afforded by the biodiversity discourse, the utilitarian argument for preserving biodiversity is a Trojan horse.
Marie-Claire Cordonier Segger and Ashfaq Khalfan
- Published in print:
- 2004
- Published Online:
- March 2012
- ISBN:
- 9780199276707
- eISBN:
- 9780191699900
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199276707.003.0014
- Subject:
- Law, Environmental and Energy Law
For the purposes of this chapter, the term biodiversity echoes the definition in the Convention on Biological Diversity and includes the variability among all life forms at the genetic, species, and ...
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For the purposes of this chapter, the term biodiversity echoes the definition in the Convention on Biological Diversity and includes the variability among all life forms at the genetic, species, and ecosystem levels. Future research should uncover and highlight areas where the right balance has been struck between the social, environmental, and economic aspects of biodiversity issues, and areas where more work is needed to integrate the three areas of sustainable development as they relate to biodiversity. In particular, a future-oriented sustainable development law research agenda in international biodiversity law can focus on developing knowledge in two specific areas of inter-linkages. First, research is needed to define the linkages between different biodiversity-related policies and law in economic, environmental, and social regimes. Secondly, research is needed to strengthen connections between biodiversity initiatives at the national, regional, and international levels.Less
For the purposes of this chapter, the term biodiversity echoes the definition in the Convention on Biological Diversity and includes the variability among all life forms at the genetic, species, and ecosystem levels. Future research should uncover and highlight areas where the right balance has been struck between the social, environmental, and economic aspects of biodiversity issues, and areas where more work is needed to integrate the three areas of sustainable development as they relate to biodiversity. In particular, a future-oriented sustainable development law research agenda in international biodiversity law can focus on developing knowledge in two specific areas of inter-linkages. First, research is needed to define the linkages between different biodiversity-related policies and law in economic, environmental, and social regimes. Secondly, research is needed to strengthen connections between biodiversity initiatives at the national, regional, and international levels.
G. Kristin Rosendal
- Published in print:
- 2011
- Published Online:
- August 2013
- ISBN:
- 9780262014977
- eISBN:
- 9780262295505
- Item type:
- chapter
- Publisher:
- The MIT Press
- DOI:
- 10.7551/mitpress/9780262014977.003.0004
- Subject:
- Political Science, Environmental Politics
Biodiversity is a broad concept that includes various ecosystems, levels, and sectors. This chapter focuses on the value of biological diversity, its loss, and scarcity issues; it addresses the ...
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Biodiversity is a broad concept that includes various ecosystems, levels, and sectors. This chapter focuses on the value of biological diversity, its loss, and scarcity issues; it addresses the degradation of biodiversity involved in cooperative responses across the globe. A major part of the chapter discusses the Convention on Biological Diversity (CBD) along with the controversial issue of Access and Benefit Sharing (ABS), which is involved in the protection of biodiversity at various levels and sectors. Important agreements, negotiations, and initiatives, which are important in understanding the aforementioned topics, are also discussed throughout the chapter, the final part of which examines issues and phases beyond the scarcity of biodiversity.Less
Biodiversity is a broad concept that includes various ecosystems, levels, and sectors. This chapter focuses on the value of biological diversity, its loss, and scarcity issues; it addresses the degradation of biodiversity involved in cooperative responses across the globe. A major part of the chapter discusses the Convention on Biological Diversity (CBD) along with the controversial issue of Access and Benefit Sharing (ABS), which is involved in the protection of biodiversity at various levels and sectors. Important agreements, negotiations, and initiatives, which are important in understanding the aforementioned topics, are also discussed throughout the chapter, the final part of which examines issues and phases beyond the scarcity of biodiversity.
Michael Bowman
- Published in print:
- 2002
- Published Online:
- March 2012
- ISBN:
- 9780199255733
- eISBN:
- 9780191698262
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199255733.003.0004
- Subject:
- Law, Environmental and Energy Law, Comparative Law
This chapter considers the conceptual framework developed by moral philosophers and environmental ethicists on the question of environmental values, and the extent, if any, to which such analysis has ...
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This chapter considers the conceptual framework developed by moral philosophers and environmental ethicists on the question of environmental values, and the extent, if any, to which such analysis has been absorbed into the mainstream of legal developments. Noting that the reparation of damage to species and ecosystems remains a neglected issue, it argues that it is necessary to develop legal principles and procedures which recognize and evaluate not only the harm to human interests from the dimension of biological diversity, but that related to the intrinsic value of elements of the natural world. Although such losses present problems for quantification, these are in principle no more intractable than those which have been overcome in other areas of the law. All life forms should prima facie be accorded equal value and compensation calculated by reference to the diminution in biological diversity occasioned by the conduct in question.Less
This chapter considers the conceptual framework developed by moral philosophers and environmental ethicists on the question of environmental values, and the extent, if any, to which such analysis has been absorbed into the mainstream of legal developments. Noting that the reparation of damage to species and ecosystems remains a neglected issue, it argues that it is necessary to develop legal principles and procedures which recognize and evaluate not only the harm to human interests from the dimension of biological diversity, but that related to the intrinsic value of elements of the natural world. Although such losses present problems for quantification, these are in principle no more intractable than those which have been overcome in other areas of the law. All life forms should prima facie be accorded equal value and compensation calculated by reference to the diminution in biological diversity occasioned by the conduct in question.
Betsy Baker
- Published in print:
- 2015
- Published Online:
- May 2015
- ISBN:
- 9780300205169
- eISBN:
- 9780300210385
- Item type:
- chapter
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300205169.003.0003
- Subject:
- Political Science, Environmental Politics
This chapter uses the Convention on Biological Diversity (CBD) and its application to marine biodiversity to examine how states can work within and beyond the limitations of territorially based ...
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This chapter uses the Convention on Biological Diversity (CBD) and its application to marine biodiversity to examine how states can work within and beyond the limitations of territorially based international law to better keep pace with changes in the Arctic. State actors have proven only partly capable of shifting from a boundary-based practice of sovereignty and territorial integrity to acknowledging and acting upon indigenous rights and environmental concerns in the marine Arctic. The chapter demonstrates how states can provide better practical solutions for the changing Arctic by weaving more tightly together norms and principles that are common to three strands of international law: (i) the international law of territory and boundaries; (ii) international environmental law; and (iii) international indigenous rights law.Less
This chapter uses the Convention on Biological Diversity (CBD) and its application to marine biodiversity to examine how states can work within and beyond the limitations of territorially based international law to better keep pace with changes in the Arctic. State actors have proven only partly capable of shifting from a boundary-based practice of sovereignty and territorial integrity to acknowledging and acting upon indigenous rights and environmental concerns in the marine Arctic. The chapter demonstrates how states can provide better practical solutions for the changing Arctic by weaving more tightly together norms and principles that are common to three strands of international law: (i) the international law of territory and boundaries; (ii) international environmental law; and (iii) international indigenous rights law.
Henning Grosse Ruse-Khan
- Published in print:
- 2016
- Published Online:
- August 2017
- ISBN:
- 9780199663392
- eISBN:
- 9780191850240
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780199663392.003.0011
- Subject:
- Law, Intellectual Property, IT, and Media Law
This chapter focusses on the two core aspects of the relationship between intellectual property (IP) rights and international environmental law. This interface is embodied in two related, but ...
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This chapter focusses on the two core aspects of the relationship between intellectual property (IP) rights and international environmental law. This interface is embodied in two related, but discernible rule systems. On the one hand, natural and biological resources are increasingly serving as important input or source for innovative human activities, often leading to IP rights granted over the resulting technology. On the other, whenever IP rights are granted over technologies or plant varieties that involve genetic resources, conflicts between the property rights of an individual IP holder and those who claim ownership (such as a state) over the biological resources may arise. The main international treaties applicable here are the Convention on Biological Diversity (CBD) and its Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization (NP).Less
This chapter focusses on the two core aspects of the relationship between intellectual property (IP) rights and international environmental law. This interface is embodied in two related, but discernible rule systems. On the one hand, natural and biological resources are increasingly serving as important input or source for innovative human activities, often leading to IP rights granted over the resulting technology. On the other, whenever IP rights are granted over technologies or plant varieties that involve genetic resources, conflicts between the property rights of an individual IP holder and those who claim ownership (such as a state) over the biological resources may arise. The main international treaties applicable here are the Convention on Biological Diversity (CBD) and its Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization (NP).
Eric Garnier, Marie-Laure Navas, and Karl Grigulis
- Published in print:
- 2015
- Published Online:
- March 2016
- ISBN:
- 9780198757368
- eISBN:
- 9780191817281
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198757368.001.0001
- Subject:
- Biology, Plant Sciences and Forestry, Ecology
Biological diversity, the variety of living things on Earth, is traditionally viewed as a diversity of taxa, species in particular. But other facets of diversity should be considered to address ...
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Biological diversity, the variety of living things on Earth, is traditionally viewed as a diversity of taxa, species in particular. But other facets of diversity should be considered to address issues pertaining to evolutionary and ecological processes. The aim of this book is to show the strengths of a functional approach to diversity to improve our understanding of the functioning of ecological systems and their components. The focus is on plants, which aremajor components of these systems, and forwhich the functional approach has led tomajor advances over the last 20 years. This book first presents the rationale for a trait-based approach to functional diversity in the context of comparative plant ecology and agroecology. It then shows how this approach can be used to address a number of highly debated questions in ecology, pertaining to plant responses to their environment, controls on plant community structure, ecosystem properties, and services these deliver to human societies. A specific chapter is devoted to the management of functional diversity and ecological data, which is essential to address efficiently major pending questions in ecology.Less
Biological diversity, the variety of living things on Earth, is traditionally viewed as a diversity of taxa, species in particular. But other facets of diversity should be considered to address issues pertaining to evolutionary and ecological processes. The aim of this book is to show the strengths of a functional approach to diversity to improve our understanding of the functioning of ecological systems and their components. The focus is on plants, which aremajor components of these systems, and forwhich the functional approach has led tomajor advances over the last 20 years. This book first presents the rationale for a trait-based approach to functional diversity in the context of comparative plant ecology and agroecology. It then shows how this approach can be used to address a number of highly debated questions in ecology, pertaining to plant responses to their environment, controls on plant community structure, ecosystem properties, and services these deliver to human societies. A specific chapter is devoted to the management of functional diversity and ecological data, which is essential to address efficiently major pending questions in ecology.
Bernd Siebenhüner
- Published in print:
- 2009
- Published Online:
- August 2013
- ISBN:
- 9780262012744
- eISBN:
- 9780262258593
- Item type:
- chapter
- Publisher:
- The MIT Press
- DOI:
- 10.7551/mitpress/9780262012744.003.0011
- Subject:
- Political Science, Environmental Politics
Conceived during the United Nations Conference on Environment and Development in Rio de Janeiro (Rio Summit) in 1992, the Convention on Biological Diversity entered into force in December 1993, and, ...
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Conceived during the United Nations Conference on Environment and Development in Rio de Janeiro (Rio Summit) in 1992, the Convention on Biological Diversity entered into force in December 1993, and, as of 2008, was ratified by 189 states except the United States. Signatories to the convention agreed to carry out three obligations: To conserve biological diversity, ensure its sustainable use, and promote fair and equitable sharing of the benefits arising from the use of genetic resources. Compared to other secretariats, the biodiversity secretariat appears to have been more successful in generating normative, but not cognitive or executive, influence. This chapter explores the role of the secretariat in the functioning and influence of the Convention on Biological Diversity. After providing an overview of the biodiversity secretariat’s organizational structure and activities, the chapter analyzes its cognitive, normative, and executive influences. It also discusses the secretariat’s resources, competences, and embeddedness, along with its organizational expertise, organizational culture, and organizational leadership.Less
Conceived during the United Nations Conference on Environment and Development in Rio de Janeiro (Rio Summit) in 1992, the Convention on Biological Diversity entered into force in December 1993, and, as of 2008, was ratified by 189 states except the United States. Signatories to the convention agreed to carry out three obligations: To conserve biological diversity, ensure its sustainable use, and promote fair and equitable sharing of the benefits arising from the use of genetic resources. Compared to other secretariats, the biodiversity secretariat appears to have been more successful in generating normative, but not cognitive or executive, influence. This chapter explores the role of the secretariat in the functioning and influence of the Convention on Biological Diversity. After providing an overview of the biodiversity secretariat’s organizational structure and activities, the chapter analyzes its cognitive, normative, and executive influences. It also discusses the secretariat’s resources, competences, and embeddedness, along with its organizational expertise, organizational culture, and organizational leadership.
Elisa Morgera
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199558018
- eISBN:
- 9780191705311
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199558018.003.0012
- Subject:
- Law, Public International Law, Environmental and Energy Law
This chapter discusses whether the growing practice of establishing partnerships between the United Nations and the private sector could be based on the emerging standards for corporate environmental ...
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This chapter discusses whether the growing practice of establishing partnerships between the United Nations and the private sector could be based on the emerging standards for corporate environmental accountability. It further explores the question of strengthened UN-business partnerships by using contractual agreements, with a view to better adapting these international standards to specific industry sectors or local circumstances in a collaborative way. The chapter concludes with general recommendations to ensure timely and measurable results for partnerships and with more specific recommendations with regards to the Convention on Biological Diversity.Less
This chapter discusses whether the growing practice of establishing partnerships between the United Nations and the private sector could be based on the emerging standards for corporate environmental accountability. It further explores the question of strengthened UN-business partnerships by using contractual agreements, with a view to better adapting these international standards to specific industry sectors or local circumstances in a collaborative way. The chapter concludes with general recommendations to ensure timely and measurable results for partnerships and with more specific recommendations with regards to the Convention on Biological Diversity.
Sikina Jinnah
- Published in print:
- 2014
- Published Online:
- May 2015
- ISBN:
- 9780262028042
- eISBN:
- 9780262325356
- Item type:
- chapter
- Publisher:
- The MIT Press
- DOI:
- 10.7551/mitpress/9780262028042.003.0004
- Subject:
- Economics and Finance, International
The first of four empirical case studies, this chapter applies the two-pronged analytical framework introduced in Chapter 3 to the Convention on Biological Diversity (CBD) Secretariat's overlap ...
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The first of four empirical case studies, this chapter applies the two-pronged analytical framework introduced in Chapter 3 to the Convention on Biological Diversity (CBD) Secretariat's overlap management activities within the biodiversity regime complex. It argues that the CBD Secretariat was able to influence overlap management in the mid-1990s through liberally interpreting its open-ended mandate at a time when state preferences were weakly solidified and substitutability of its overlap management functions was low. It influenced the way states understood new issues, shaped core rules and norms, and played a role in defining its own mandate. The impacts reflect a change in institutional power between states because it participated in framing key governance concepts that privilege some states’ interests over others and regulated the flow of information. Chapter concludes with a discussion of how the Secretariat's influence declined over time as state preferences solidified and the Secretariat's substitutability increased.Less
The first of four empirical case studies, this chapter applies the two-pronged analytical framework introduced in Chapter 3 to the Convention on Biological Diversity (CBD) Secretariat's overlap management activities within the biodiversity regime complex. It argues that the CBD Secretariat was able to influence overlap management in the mid-1990s through liberally interpreting its open-ended mandate at a time when state preferences were weakly solidified and substitutability of its overlap management functions was low. It influenced the way states understood new issues, shaped core rules and norms, and played a role in defining its own mandate. The impacts reflect a change in institutional power between states because it participated in framing key governance concepts that privilege some states’ interests over others and regulated the flow of information. Chapter concludes with a discussion of how the Secretariat's influence declined over time as state preferences solidified and the Secretariat's substitutability increased.
Karl S. Rosengren, Sarah K. Brem, E. Margaret Evans, and Gale M. Sinatra (eds)
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199730421
- eISBN:
- 9780199949557
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199730421.001.0001
- Subject:
- Psychology, Developmental Psychology, Cognitive Psychology
This book presents new ideas for why the acceptance and understanding of evolution and related concepts is so difficult for both children and adults. Drawing from diverse fields, the contributors ...
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This book presents new ideas for why the acceptance and understanding of evolution and related concepts is so difficult for both children and adults. Drawing from diverse fields, the contributors include the foremost researchers and practitioners in the study of children’s cognitive development, science education, teaching of evolution, and the design and evaluation of formal and informal instruction of evolution. The book brings together a unique collection of researchers, educators, and practitioners, who met and discussed many of the ideas incorporated in this volume at regional and national meetings funded by the National Science Foundation. The chapters and the overall book integrate cutting edge ideas that emerged from these meetings.Less
This book presents new ideas for why the acceptance and understanding of evolution and related concepts is so difficult for both children and adults. Drawing from diverse fields, the contributors include the foremost researchers and practitioners in the study of children’s cognitive development, science education, teaching of evolution, and the design and evaluation of formal and informal instruction of evolution. The book brings together a unique collection of researchers, educators, and practitioners, who met and discussed many of the ideas incorporated in this volume at regional and national meetings funded by the National Science Foundation. The chapters and the overall book integrate cutting edge ideas that emerged from these meetings.
Janet Blake
- Published in print:
- 2015
- Published Online:
- August 2015
- ISBN:
- 9780198723516
- eISBN:
- 9780191790300
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198723516.003.0004
- Subject:
- Law, Public International Law, Environmental and Energy Law
Chapter 4 addresses the intimate and frequently mutual relationship that exists between the cultural and natural heritage. In order to understand this relationship better, the shared norms and ...
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Chapter 4 addresses the intimate and frequently mutual relationship that exists between the cultural and natural heritage. In order to understand this relationship better, the shared norms and approaches in cultural heritage and environmental law are considered including, inter alia, their character as non-renewable resources, the notion of common heritage, sustainability and integration, and inter-generation equity. Some of the most relevant cultural heritage and environmental law is analysed to draw out more clearly these practical, philosophical, and legal linkages. The UNESCO 1972 World Heritage and 2003 on Intangible Cultural Heritage Conventions and their implementation are examined in detail. Two illustrative cases are presented: (1) the relationship between cultural diversity, biological diversity, and environmental sustainability; and (2) how cultural heritage law may contribute towards mitigating and even preventing climate change.Less
Chapter 4 addresses the intimate and frequently mutual relationship that exists between the cultural and natural heritage. In order to understand this relationship better, the shared norms and approaches in cultural heritage and environmental law are considered including, inter alia, their character as non-renewable resources, the notion of common heritage, sustainability and integration, and inter-generation equity. Some of the most relevant cultural heritage and environmental law is analysed to draw out more clearly these practical, philosophical, and legal linkages. The UNESCO 1972 World Heritage and 2003 on Intangible Cultural Heritage Conventions and their implementation are examined in detail. Two illustrative cases are presented: (1) the relationship between cultural diversity, biological diversity, and environmental sustainability; and (2) how cultural heritage law may contribute towards mitigating and even preventing climate change.
