Justice, Equity and Benefit-Sharing Under the Nagoya Protocol to the Convention on Biological Diversity

Morgera, Elisa

doi:10.2139/ssrn.2610528

Cited by 5 publications

(8 citation statements)

References 26 publications

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“…On the other hand, the institutional aspect can provide a useful lens to analyze, in international biodiversity law, the interplay between non-monetary benefit-sharing and State obligations to provide capacity building 44 and funding 45 ([29], pp. 327-29) to various actors, as well as the impact of donors' vested interests in that context [49].…”

Section: The Other Three Dimensions Of the Right To Sciencementioning

confidence: 99%

Fair and Equitable Benefit-Sharing at the Cross-Roads of the Human Right to Science and International Biodiversity Law

Morgera

2015

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As the debate about the need to clarify the content of the human right to science intensifies, this article assesses opportunities for opening a scholarly and policy dialogue on fair and equitable benefit-sharing between international human rights and biodiversity lawyers. To that end, the article contrasts the emerging conceptualizations of the right to science in the context of international cultural rights and of fair and equitable benefit-sharing under international biodiversity law. It then critically assesses the potential for cross-fertilization with specific regard to: the sharing of scientific information and promotion of scientific cooperation, the transfer of technology, and the protection and valorization of traditional knowledge of indigenous peoples and local communities. While acknowledging that both the right to science and fair and equitable benefit-sharing are far from being fully understood or operationalized, the article argues that developments in international biodiversity law concerning the latter may provide insights into how a vague and optimistic concept can (and when it cannot) lead to tangible outcomes, rather than remaining merely rhetorical.

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Section: The Other Three Dimensions Of the Right To Sciencementioning

confidence: 99%

Fair and Equitable Benefit-Sharing at the Cross-Roads of the Human Right to Science and International Biodiversity Law

Morgera

2015

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“…These treaties have the explicit objective to ensure “fair and equitable sharing of benefits” from genetic resources. In spite of the prominence of the clause “fair and equitable,” for instance, in the full title of the Nagoya Protocol, and notwithstanding the long tradition that this clause has in investment treaties (Dolzer, 2005), its meaning remains undefined and vague (De Jonge, 2011; Vermeylen and Walker, 2011; Morgera, 2015). It is evident, however, that in one way or another fair and equitable benefit-sharing aims at introducing justice into the regulation and use of genetic resources.…”

Section: Five Dimensions Of Justice In Dealing With Genetic Resourcesmentioning

confidence: 99%

“…That ABS systems are related to historical injustice has also been described by Jorge Cabrera Medaglia when he wrote: “The roots of ABS can be traced to colonialism and efforts by colonial powers to gain control of the trade in key commodities such as rubber, tea, and cinchona for their own benefit, with little regard for the communities and economies from which these resources originated” (Medaglia, 2015: p. 196). Moreover, Elisa Morgera highlighted that reparative justice played a role in the negotiations of the NP, when the African group demanded that benefit sharing should be extended to genetic resources which are available in ex situ collections, i.e., ones that had been exported from the country of origin in the past (Morgera, 2015: pp. 11–12).…”

Section: Reparative Justicementioning

confidence: 99%

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Challenges of Justice in the Context of Plant Genetic Resources

Deplazes‐Zemp

2019

Front. Plant Sci.

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In this article, I discuss access and benefit-sharing (ABS) for plant genetic resources from an ethical perspective. This leads to the question of what types of justice actually play a role when more equity and fairness is demanded for plant genetic resources. Five dimensions of justice will be distinguished: classical distributive justice, which deals with a fair distribution of goods; commutative justice, which concerns a fair exchange of “give-and-receive”; justice as recognition, which relates to treating all involved parties with the same respect; reparative justice, which pertains to fair amendments for wrongful actions in the past; and procedural justice, which is concerned with just decision processes. Drawing on the discussion of ethical problems with biopiracy, the distribution of environmental burdens, and plant genetic resources in agriculture, I will illustrate that the use of genetic resources poses challenges across all five dimensions of justice. Because the combination of justice challenges is specific for each case of resource use, I will argue that it is important that users of genetic resources are aware of the complexity of justice problems to ensure fair and equitable ABS negotiations.

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“…98 This can arguably help to discuss in an open and structured manner the respective merits of different legal options from different justice perspectives in developing a new international instrument. 99 Specific justice considerations can be drawn from the right to science, such as prioritizing 'simple and inexpensive technologies that can improve the life of marginalized populations' and the 'development of international collaborative models of research and development for the benefit of developing countries and their populations. ' 100 In both cases, the preferences of intended beneficiaries and local contextual elements need to be assessed, 101 to prevent dependency on exogenous, ready-made solutions that may not fit particular circumstances or the exertion of undue influence.…”

Section: Different Conceptions Of Equitymentioning

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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Justice, Equity and Benefit-Sharing Under the Nagoya Protocol to the Convention on Biological Diversity

Abstract: This paper is part of the project "BENELEX: Benefit-sharing for an equitable transition to the green economythe role of law" (www.benelex.ed.ac.uk) which is funded by the European Research Council Starting Grant (November 2013-October 2018).

Cited by 5 publications

References 26 publications

Fair and Equitable Benefit-Sharing at the Cross-Roads of the Human Right to Science and International Biodiversity Law

Fair and Equitable Benefit-Sharing at the Cross-Roads of the Human Right to Science and International Biodiversity Law

Challenges of Justice in the Context of Plant Genetic Resources

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

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