No abstract

This article traces the evolution of the use of the legal concept of benefit sharing in the context of the Convention on Biological Diversity (CBD), with a view to highlighting its contribution to indigenous and local communities' livelihoods. To this end, the article proposes a distinction between inter‐State benefit sharing (as identified in the third CBD objective and as usually linked to access to genetic resources) and notably lesser known State‐to‐community benefit sharing (in relation to the conservation and sustainable use of biodiversity). The article highlights the different legal connotations of the two dimensions of this legal concept, while supporting an integrated interpretation of the CBD. It points to a wide array of benefit‐sharing‐related tools under the CBD that can be used to support indigenous and local communities' livelihoods in pursuing the convention's three objectives. The article also identifies other international processes – in the areas of intellectual property, health and climate change – in which these conceptual developments may have a significant influence.

chaper-8.htm). The Commission concluded that chapter by noting that "[t]he American Convention on Human Rights is premised on the principle that rights inhere in the individual simply by virtue of being human. Respect for the inherent dignity of the person is the principle which underlies the fundamental protections of the right to life and to preservation of physical well-being. Conditions of severe environmental pollution, which may cause serious physical illness, impairment and suffering on the part of the local populace, are inconsistent with the right to be respected as a human being".

No abstract

In this article, we assess the application of the open-source development model in the field of agricultural research and development, as a potential tool for upholding both public scientific research, and farmer-led innovation and farmers’ rights. First, we provide an overview of the problems associated with the rise of IPRs in agriculture in view of global challenges such as food security and environmental sustainability, and present the debate on farmers’ rights, including its rationale and international policy and legal responses. We then review open source initiatives in the digital domain, including successes and shortcomings, and offer our understanding of relevant terminologies. We explore the parallels between software development and innovation in agriculture and review ongoing open-source agriculture-related initiatives. We particularly address the potential for open-source systems to address existing asymmetries in capabilities and contribute to global challenges such as food security.