Patents, Human Rights and Access to Science

Plomer, Aurora

doi:10.4337/9781783475933

Cited by 32 publications

(11 citation statements)

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“…Some aspects of the legal regulation of the use of biotechnologies were studied by the following researchers: Beyleveld D., Brownsword R., Feiler W., Ruggiu D., Sasson A., Sedova N., Plomer A. [1,2,3,4,5,6].…”

Section: Alyeksyenko Iryna Skyba Eleonora Margulov Arthurmentioning

confidence: 99%

Biosafety and Bioethics Are the Ground of Modern Biotechnologies Development

2019

IJRTE

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This article summarizes different points of view in the context of scientific discussion on biosafety and the legal regulation of biotechnology use by states. The legal regulation of biotechnology, as a rapidly developing branch of science, concerns, first and foremost, activities related to the development, use and transfer of technologies for the use of living organisms. The main purpose of this study is to verificate the need to develop a mechanism that, according to the authors, will be able to implement the state biosafety policy based on the development of certain standards by international organizations and that will serve as a platform for the formation of international biomedical law, through integration principles of bioethics into biomedical relations. Object. The object of research is the norms of international law in the sphere of international legal regulation of the use of modern biotechnology through the lens of bioethics. Material and methods. The methodological basis of the research is comparative legal, dialectical, historical legal, comparative, and other research methods. Results. As a result of the analysis of scientific sources and approaches to solving this problem, evidence of the need for a comprehensive study of the existing scientific array to highlight bioethics has been obtained, and therefore biosafety, as an independent scientific direction in the context of modern legal biotechnology research and as part of the national security of the state. Scientific novelty. The scientific novelty of this study consists in conducting comprehensive comparative analysis of the process of formation of legal norms for the protection of human rights. These norms are contained in existing international agreements on the development of biotechnology, from the point of bioethics as a component of state biosafety. Thus, the practical sphere of implementation of the results of this study is a modern international lawmaking process that must adequately reflect the most important aspects of the application of modern biotechnology by the states of the international community. These important aspects must form the basis of the international biomedical law and the Code of Bioethics. Moreover, the authors make no claims a comprehensive analysis of the problem posed in their work, since many important aspects need further study.

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Section: Alyeksyenko Iryna Skyba Eleonora Margulov Arthurmentioning

confidence: 99%

Biosafety and Bioethics Are the Ground of Modern Biotechnologies Development

2019

IJRTE

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“…A teleological and systemic reading of the CBD can in effect help linking marine technology transfer and small-scale fisheries. CBD provisions on scientific research and technology transfer, while taking a similar approach to UNCLOS, can be read in conjunction with obligations related to protecting customary sustainable use, 11 supporting local efforts to restore ecosystems, and respectfully promoting the use of the traditional knowledge of indigenous peoples and local communities, 12 with a view to sharing fairly and equitably benefits arising from these communities' ecosystem stewardship. 13 From a broader perspective, the CBD is more explicit than UNCLOS in linking scientific and technical capacity-building with the identification, conservation, and sustainable use of biodiversity in its decisions, whichalthough formally nonbindingprovide guidance on how to interpret the Convention, 14 as well as generally accepted standards to specify UNCLOS obligations.…”

Section: Obligations Under the Law Of The Sea And International Biodimentioning

confidence: 99%

“…11 CBD, Article 10(c). 12 CBD, Article 8(j). 13 On a broader notion of fair and equitable benefit-sharing in the context of the ecosystem approach under the CBD, see: E. Morgera [37].…”

Section: The Duty To Cooperatementioning

confidence: 99%

“…The human right to science is not a new right [76,88]: it was proclaimed in the Universal Declaration of Human Rights 86 and has been enshrined in several treaties, including the International Covenant on Economic, Social and Cultural Rights, 87 so its legally binding force is not under discussion [88]. It is seen as an autonomous right that is worthy of protection for its contribution to the continuous raising of the material and spiritual standards of living of all members of society, both for individual emancipation and collective economic and social progress [12]. As such, it may contribute to the enjoyment of other human rights such as the rights to food and health [11,88,97], and is therefore significant for the realization of SDGs 2 (hunger) and 3 (health and well-being).…”

Section: Insights From International Human Rights Lawmentioning

confidence: 99%

“…As such, it may contribute to the enjoyment of other human rights such as the rights to food and health [11,88,97], and is therefore significant for the realization of SDGs 2 (hunger) and 3 (health and well-being). In addition, the right to science contributes to "[protecting] and [enabling] each person to develop his or her capacities for education and learning, to form enduring relationships with others, to take equal part in political, social and cultural life and to work without fear of discrimination," [12] therefore playing a part in the implementation of SDGs 4 (education), 8 (decent work) and 10 (inequality).…”

Section: Insights From International Human Rights Lawmentioning

confidence: 99%

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Linking Small-Scale Fisheries to International Obligations on Marine Technology Transfer

Morgera

Ntona

2017

SSRN Journal

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A B S T R A C TThis article analyses the interplay between inter-State obligations to increase scientific knowledge, develop research capacity and transfer marine technology in accordance with Sustainable Development Goal (SDG) 14.a, with a view to contributing to enhanced implementation of the international law of the sea (SDG 14.c), and providing access for small-scale artisanal fishers to marine resources (SDG 14.b). It proposes to do so by relying not only on the international law of the sea, but also on international biodiversity law (particularly the Convention on Biological Diversity) and international human rights law (particularly the human right to science). The article seeks to provide a reflection on the opportunities arising from a mutually supportive interpretation of different international law instruments with regard to the means of implementation for SDG 14 in synergy with other SDGs (particularly SDG 17 on 'Partnerships for the Goals' and its targets related to technology transfer, capacity-building and partnerships). (M. Ntona). 1 The plurality of terms used to describe small-scale fisheries, including artisanal, inshore, traditional, municipal and subsistence, is a testament to the lack of consensus on how to talk about different categories of fishing. Some of these terms feature more prominently in specific geographical contexts. At the global level, it is perhaps more useful to refer to a list of the main dimensions that often characterise small-scale fisheries: D.S. Johnson [7], p. 749.

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Axiological Pluralism: Conflict in the Hospital, Resolution in the Courts

Brownsword

2021

Ius Gentium: Comparative Perspectives on Law and Justice

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Patents, Human Rights and Access to Science

Cited by 32 publications

References 0 publications

Biosafety and Bioethics Are the Ground of Modern Biotechnologies Development

Biosafety and Bioethics Are the Ground of Modern Biotechnologies Development

Linking Small-Scale Fisheries to International Obligations on Marine Technology Transfer

Axiological Pluralism: Conflict in the Hospital, Resolution in the Courts

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