A Stewardship Approach to ‘Legitimate Interests’ in Deep Sea Genetic Resources for Use in Aquaculture

Humphries, Fran

doi:10.53637/gtrn4859

Cited by 5 publications

(2 citation statements)

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“…Other international agreements that shape national laws concerning the use and exchange of aquaculture genetic resources are: Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from Their Utilization to the Convention on Biological Diversity (‘Nagoya Protocol’, which operationalises the CBD’s ABS framework and establishes significant innovations including rules for traditional knowledge associated with genetic resources and measures for cross border monitoring and compliance); Agreement on Trade‐Related Aspects of Intellectual Property Rights ( ‘ TRIPS’), which sets minimum standards of protection for a range of intellectual property including patents and copyright that are increasingly becoming relevant to aquaculture (Humphries 2015); and United Nations Convention on the Law of the Sea (‘UNCLOS ’), which applies to living resources within and beyond national jurisdictions and is currently the subject of negotiations for a legally binding instrument on the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction (Humphries 2017; UN 2019). …”

Section: Introductionmentioning

confidence: 99%

“…• United Nations Convention on the Law of the Sea ('UNCLOS'), which applies to living resources within and beyond national jurisdictions and is currently the subject of negotiations for a legally binding instrument on the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction (Humphries 2017;UN 2019). Significantly, the Nagoya Protocol provides that when developing and implementing ABS measures, Parties must 'consider the importance of genetic resources for food and agriculture and their special role of food security' (article 9 (c)).…”

Section: Introductionmentioning

confidence: 99%

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A review of access and benefit‐sharing measures and literature in key aquaculture‐producing countries

Humphries

Benzie

Lawson

et al. 2021

Reviews in Aquaculture

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Countries increasingly use access and benefit-sharing laws as a tool for the conservation and sustainable use of biological resources and associated traditional knowledge. These laws generally require the recipient of resources/knowledge to obtain the provider country's prior informed consent before collection, use or transfer and to share the benefits from their use with the provider. The aim of this literature review is to comprehensively analyse access and benefit-sharing laws and literature about the top five aquaculture-producing countries -China, India, Indonesia, Viet Nam and Bangladeshto identify research trends and gaps in relation to accessing and sharing the benefits of aquaculture genetic resources and associated traditional knowledge. Using a systematic quantitative literature review methodology, we found only 5% of the literature examined the implications of access and benefit-sharing for aquaculture and these only related to publications about India's arrangements. While the other countries had literature about their legal measures and literature about informal genetic resource sharing practices in aquaculture, none of them connected the two research topics. None of the countries had literature analysing the implications of access and benefit-sharing in relation to traditional knowledge associated with aquaculture. We conclude that given these are the top global producers accounting for up to 80% of all aquaculture products, urgent research is needed to fill the literature gaps to assess whether access and benefit-sharing as a legal/policy tool is achieving conservation and sustainable use goals for aquaculture genetic resources.

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Section: Introductionmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

A review of access and benefit‐sharing measures and literature in key aquaculture‐producing countries

Humphries

Benzie

Lawson

et al. 2021

Reviews in Aquaculture

Self Cite

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Sharing aquatic genetic resources across jurisdictions: playing ‘chicken’ in the sea

Humphries

2018

Int Environ Agreements

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International regimes regulating access and benefit sharing were originally designed to promote conservation and fairness objectives concerning the use of the world's biological resources for their genetic material value. These regimes determine from whom permission is required to take the resources and who obtains the benefits of their use. They have evolved separate frameworks in three distinct jurisdictional areaswithin national jurisdiction, beyond national jurisdiction and in the Antarctic Treaty area. This article argues that if these regimes continue to evolve separately, there is a strong temptation for countries to play 'chicken' with biological resource governance through forum shopping or opting out of agreements that do not suit their political ends. Using game theory and a transgenic tilapia fish example incorporating genetic material from the three jurisdictional areas, it illustrates the legal and ethical dilemmas that can arise from the territorial (jurisdictional) approach to access and benefit sharingto the detriment of fairness and conservation in tilapia's countries of origin. Tilapias are known as the 'chicken of the sea' because they dominate global farmed production and developing countries depend on them as their primary source of protein, livelihoods and trade. This means Electronic copy available at: https://ssrn.com/abstract=3187042 2 there will be serious consequences if the regimes do not achieve their fairness and conservation objectives for sharing their genetic material. This article concludes that a purpose-driven cooperative governance approach can sidestep the game of chicken and promote fairer and more conservation focused outcomes than the current jurisdictional approach for the developing country providers of migratory aquatic resources.

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African Aquaculture: Genetic Resource and Traditional Knowledge Access and Benefit Sharing Measures

Humphries

Lawson

Benzie

et al. 2022

Reviews in Fisheries Science & Aquaculture

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A Stewardship Approach to ‘Legitimate Interests’ in Deep Sea Genetic Resources for Use in Aquaculture

Cited by 5 publications

References 4 publications

A review of access and benefit‐sharing measures and literature in key aquaculture‐producing countries

A review of access and benefit‐sharing measures and literature in key aquaculture‐producing countries

Sharing aquatic genetic resources across jurisdictions: playing ‘chicken’ in the sea

African Aquaculture: Genetic Resource and Traditional Knowledge Access and Benefit Sharing Measures

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