Judges and the rule of law

Greiber, Thomas

doi:10.2305/iucn.ch.2006.eplp.60.en

Cited by 7 publications

(5 citation statements)

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“…31 Corporations active in the field of natural resources have also increasingly pledged to abide by human rights standards in their operations. 32 In line with the work of the UN Special Rapporteur on Human Rights and the Environment 33 and the policies adopted by the main international conservation organizations, 34 we conceive of a rights-based approach here as encompassing human rights norms recognized in international treaties or soft law instruments 2SLGBTQIA+ communities, 46 and peasants and rural peoples. 47 Efforts to protect the rights of equity-seeking groups, moreover, must be carried out in an intersectional manner that takes into account the unique and compounding effects of the intersecting forms of discrimination faced by individuals who hold multiple social identities.…”

Section: The Emergence and Role Of Human Rights In Transnational Envi...mentioning

confidence: 99%

The Intersections of Public Rights and Private Rules: An Analysis of Human Rights in Forestry and Fisheries Certification Standards

Jodoin,

Johnson

2024

TEL

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This article systematically evaluates whether, how, and to what extent twelve prominent forestry and fisheries certification schemes address human rights in their standards. In line with the broader cross-fertilization of the fields of international human rights and environmental law and policy, our results demonstrate that human rights norms and considerations – primarily Indigenous, labour, and procedural rights – are increasingly reflected in the rulemaking of these schemes. At the same time, our analysis also demonstrates the mixed and underwhelming performance of certification standards in protecting human rights norms, including those relating to women, children, racialized and ethnic minorities, persons with disabilities, Indigenous peoples, workers, 2SLGBTQIA+ communities, and peasants and rural peoples. Through descriptive statistics, we also show that levels of human rights adherence vary significantly across schemes and that standards developed in the forestry sector tend to outperform those for fisheries. Our methodology and results add a new dimension to efforts to assess the stringency, equity, and legitimacy of private authority in the environmental field.

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Section: The Emergence and Role Of Human Rights In Transnational Envi...mentioning

confidence: 99%

The Intersections of Public Rights and Private Rules: An Analysis of Human Rights in Forestry and Fisheries Certification Standards

Jodoin,

Johnson

2024

TEL

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“…77 Part XIII of the LOSC conceptually deals with MSR 78 occurring within national jurisdiction as well as in ABNJ, although without using this terminology. 79 Part XIII contains clear obligations on non-monetary benefit-sharing arising from scientific research. 80 In essence, it promotes international cooperation, and publication and dissemination of information and knowledge, especially in favour of developing countries.…”

Section: Benefit-sharing Obligationsmentioning

confidence: 99%

“…100 Therefore, enabling and increasing access to relevant scientific data, publications and software to analyse these data is undoubtedly an important component of non-monetary benefit sharing. 101 However, the moderate optimism brought by new opportunities thereby created cannot obscure the reality faced by some researchers and users from developing countries, whose institutions do not always have the necessary licenses for access to journals, or the necessary internet access and bandwidth and other necessary resources.…”

Section: Benefit-sharing Obligationsmentioning

confidence: 99%

Mare Geneticum: Balancing Governance of Marine Genetic Resources in International Waters

Broggiato¹,

Vanagt²,

Lallier³

et al. 2018

Int. J. Mar. Coast. Law

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A fair and effective regime regulating benefit-sharing of marine genetic resources (MGR) in areas beyond national jurisdiction (ABNJ) must consider the inclusion of developing states, support scientific research and safeguard investments of the private sector. The present innovative proposal ensures a delicate balance through an approach based on open access, albeit with limitations. Access to MGR in ABNJ is facilitated, but conditional on the public release of collected samples and raw data. Adoption of the open access principle guarantees a powerful form of non-monetary benefit-sharing. The balance is maintained by the option for an extended embargo period, allowing samples and data to be kept confidential for a certain period, against payment to a biodiversity contribution fund. Monetary benefit-sharing, as a sector-negotiated

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“…27 The sharing of samples has allegedly the potential to minimize the need for re-sampling, thereby preventing unsustainable harvesting. 28 As the value of genetic resources is not clear at the time of access, payments by operators further down the R&D chain were also considered. It was proposed requesting additional monetary benefit-sharing upon commercialization of products derived from marine genetic resources, and use 'earn-out provisions' for triggering earlier payments at certain non-financial and financial milestones.…”

Section: The Current Operational Focus On Benefitsmentioning

confidence: 99%

Fair and Equitable Benefit-Sharing in a New Treaty on Marine Biodiversity: A Principled Approach Towards Partnership Building?

Morgera

2018

SSRN Journal

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This article suggests a principled approach to the negotiations on benefit-sharing from the use of marine genetic resources under a new international legally binding instrument on marine biodiversity of areas beyond national jurisdiction (BBNJ). It first reflects on the terms in which benefit-sharing has been discussed in the BBNJ negotiations until now, which have been characterized by an operational concern for the type of benefits that could be accrued and distributed. It then contrasts the negotiations with insights arising from other international benefit-sharing regimes, with a view to suggesting a more principled approach focused on 'sharing' benefits 'fairly and equitably. ' This helps highlight the potential value added of benefit-sharing to foster deeper and cosmopolitan international cooperation (that is, a global partnership) vis-à-vis existing international obligations on marine scientific research, capacity building, marine technology transfer and the protection of the marine environment. The article then applies these considerations to the thorny and novel question of digital information on marine genetic resources of areas beyond national jurisdiction.

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Judges and the rule of law

Cited by 7 publications

References 0 publications

The Intersections of Public Rights and Private Rules: An Analysis of Human Rights in Forestry and Fisheries Certification Standards

The Intersections of Public Rights and Private Rules: An Analysis of Human Rights in Forestry and Fisheries Certification Standards

Mare Geneticum: Balancing Governance of Marine Genetic Resources in International Waters

Fair and Equitable Benefit-Sharing in a New Treaty on Marine Biodiversity: A Principled Approach Towards Partnership Building?

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