Fair and Equitable Benefit-Sharing: History, Normative Content and Status in International Law

Morgera, Elisa

doi:10.2139/ssrn.2956927

Cited by 6 publications

(6 citation statements)

References 57 publications

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“…The term "fair and equitable benefit sharing" is rooted in international conventions on biodiversity, international human rights, maritime law, and the right to science [20,21] (p. 353). Today, it is a normative concept in the field of natural resources and benefit sharing agreements [22,23]. Fairness and equitability in benefit sharing are required by EO100TM (Equitable Origin's EO100TM Standard for Responsible Energy Development), a private standard of voluntary certification.…”

Section: Fair and Equitable Benefit Sharingmentioning

confidence: 99%

“…It is inherently difficult to classify and systematize these diverse practices. However, a growing volume of studies of benefit sharing in Arctic communities provides an opportunity to reflect and synthesize our knowledge on these arrangements or benefit sharing regimes [8,[20][21][22][26][27][28]. This paper describes these regimes in respect to principles, models, mechanisms, and scales/targets of benefit sharing in order to provide more systematic and focused, yet nuanced, insights about benefit sharing in the Arctic.…”

Section: Towards a Conceptual Framework Of Benefit Sharing In The Arcticmentioning

confidence: 99%

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Benefit Sharing in the Arctic: A Systematic View

Petrov

Tysiachniouk

2019

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Benefit sharing is a key concept for sustainable development in communities affected by the extractive industry. In the Arctic, where extractive activities have been growing, a comprehensive and systematic understanding of benefit sharing frameworks is especially critical. The goal of this paper is to develop a synthesis and advance the theory of benefit sharing frameworks in the Arctic. Based on previously published research, a review of literature, a desktop analysis of national legislation, as well as by capitalizing on the original case studies, this paper analyzes benefit sharing arrangements and develops the typology of benefit sharing regimes in the Arctic. It also discusses the examples of various regimes in Russia, Alaska, and Canada. Each regime is described by a combination of principles, modes, mechanisms, and scales of benefit sharing. Although not exhaustive or entirely comprehensive, this systematization and proposed typologies appear to be useful for streamlining the analysis and improving understanding of benefit sharing in the extractive sector. The paper has not identified an ideal benefit sharing regime in the Arctic, but revealed the advantages and pitfalls of different existing arrangements. In the future, the best regimes –in respect to sustainable development would support the transition from benefit sharing to benefit co-management.

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Section: Fair and Equitable Benefit Sharingmentioning

confidence: 99%

Section: Towards a Conceptual Framework Of Benefit Sharing In The Arcticmentioning

confidence: 99%

Benefit Sharing in the Arctic: A Systematic View

Petrov

Tysiachniouk

2019

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“…Their works discuss the concepts, contents, and status of ABS at international law (Morgera, 2016a). Given the normative convergences of IEL and HRAs, further study on ABS effectiveness at the national level is pressing (Morgera, 2017). Particularly, proper identification of its features, scopes, beneficiaries, and objects of application in domestic laws is one of the detriments of implementing global duties (Morgera, 2017).…”

Section: Introductionmentioning

confidence: 99%

“…Given the normative convergences of IEL and HRAs, further study on ABS effectiveness at the national level is pressing (Morgera, 2017). Particularly, proper identification of its features, scopes, beneficiaries, and objects of application in domestic laws is one of the detriments of implementing global duties (Morgera, 2017). This obstacle emanates from the vagueness of the ABS concept itself.…”

Section: Introductionmentioning

confidence: 99%

Access and Benefit Sharing Effectiveness: International Environmental Law Implementation at the Domestic Ethiopian Level

Jalleta¹

2021

BLR

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Access and Benefit Sharing (ABS) in international environmental laws (mainly, but not limited to, biodiversity) converges with human rights instruments on indigenous people. State parties should take legislative, administrative, and practical measures to realize the ABS regimes. This article argues that there are normative and practical gaps including confusing ABS with compensation in Ethiopian domestic laws and actual implementation, while ABS itself is not well understood. The article finally recommends legal amendments and policymakers' political move to comply with the country's international duty.

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“…We should underline that there is currently no connexion between the Nagoya Protocol, the One Health approach and non-commercial research on EIDs. Moreover, as highlighted by Morgera (2017) 'International benefit-sharing obligations have arisen at different points in time in a variety of contexts, and are currently characterized by different levels of sophistication'. With this paper, we aim at bridging the One Health approach and the implementation of the Nagoya Protocol (NP) for developing a common reflection on legal and ethical issues related to pathogens and associated data sharing.…”

Section: Introductionmentioning

confidence: 99%

Pathogens collections, biobanks and related-data in a One Health legal and ethical perspective

Lajaunie

2017

Parasitology

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Research on emerging infectious diseases calls for a work on collections of pathogens (including hosts or vectors from which the pathogens were isolated), related to human and animal health, to wildlife or on the environmental material. In this respect, the adoption of a One Health perspective is determined by the need for a common approach to consider the collection, storage and use of pathogens coming from human or non-human sources, and particularly when the same pathogen is taken from different environments. In response to this development, our purpose is to delineate a flexible regulation framework concerning collections of pathogens from various origins or hosts and their associated data in order to facilitate scientific work and research partnerships. The legal and ethical cutting-edge research on Biomedical Big Data is particularly stimulating when it comes to address challenges related to collections or biobanks of pathogens such as prior informed consent and accessibility, Material Transfer Agreement or benefit sharing.

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Fair and Equitable Benefit-Sharing: History, Normative Content and Status in International Law

Cited by 6 publications

References 57 publications

Benefit Sharing in the Arctic: A Systematic View

Benefit Sharing in the Arctic: A Systematic View

Access and Benefit Sharing Effectiveness: International Environmental Law Implementation at the Domestic Ethiopian Level

Pathogens collections, biobanks and related-data in a One Health legal and ethical perspective

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