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About the Book The fight against biopiracy and its injustices was the main impetus for the push to have an international treaty to be developed under the Convention on Biological Diversity (CBD). The Convention’s third objective of fair and equitable sharing of the benefits from the utilization of genetic resources is itself the result of tough negotiations in the early 1990s when the misappropriation, even theft, of the resources of developing countries and of indigenous peoples and local communities gained international attention. After almost 20 years, when the Convention’s broad provisions proved to be inadequate, the Nagoya Protocol on Access and Benefit-sharing was forged in October 2010. This new legally binding international treaty, however, was born in an atmosphere of controversy when its core content was ultimately decided by a few during the final days of the 10th meeting of the CBD’s Conference of Parties in Nagoya, Japan. This book, co-authored by six civil society participants who were actively engaged with the government negotiators and negotiation process, provides a rich account of the background and development of the Protocol. It analyses the main provisions of the Protocol and recommends several actions that can be taken at the national and international levels to ensure that the Protocol objective of fair and equitable benefit-sharing can be delivered with justice restored. Contents About the Authors and Editors About the Publishers CHAPTER 1: INTRODUCTION 1.1 Genetic Resources As Colonial Trophies 1.2 Unfair and Inequitable Realities CHAPTER 2: Background 2.1 Development of the ABS Provisions of the CBD 2.2 Developing an ABS System under the CBD CHAPTER 3: Analysis of the NAGOYA Protocol Article 1 – OBJECTIVE Article 2 – USE OF TERMS Article 3 – SCOPE Article 4 – RELATIONSHIP WITH INTERNATIONAL AGREEMENTS AND INSTRUMENTS Article 5 – FAIR AND EQUITABLE BENEFIT SHARING Article 6 – ACCESS TO GENETIC RESOURCES Article 7 – ACCESS TO TRADITIONAL KNOWLEDGE ASSOCIATED WITH GENETIC RESOURCES Article 8 – SPECIAL CONSIDERATIONS Article 9 – CONTRIBUTION TO CONSERVATION AND SUSTAINABLE USE Article 10 – GLOBAL MULTILATERAL BENEFIT-SHARING MECHANISM Article 11 – TRANSBOUNDARY COOPERATION Article 12 – TRADITIONAL KNOWLEDGE ASSOCIATED WITH GENETIC RESOURCES Article 13 – NATIONAL FOCAL POINTS AND COMPETENT NATIONAL AUTHORITIES Article 14 – THE ACCESS AND BENEFIT-SHARING CLEARING-HOUSE AND INFORMATION SHARING Overview OF COMPLIANCE Issues (aRTICLES 30, 15-18) Article 30 – PROCEDURES AND MECHANISMS TO PROMOTE COMPLIANCE WITH THIS PROTOCOL Article 15 – COMPLIANCE WITH DOMESTIC LEGISLATION OR REGULATORY REQUIREMENTS ON ACCESS AND BENEFIT-SHARING Article 16 – COMPLIANCE WITH DOMESTIC LEGISLATION OR REGULATORY REQUIREMENTS ON ACCESS AND BENEFIT-SHARING FOR TRADITIONAL KNOWLEDGE ASSOCIATED WITH GENETIC RESOURCES Article 18 – COMPLIANCE WITH MUTUALLY AGREED TERMS Article 17 – MONITORING THE UTILIZATION OF GENETIC RESOURCES Article 19 – MODEL CONTRACTUAL CLAUSES Article 20 – CODES OF CONDUCT, GUIDELINES AND BEST PRACTICES AND/OR STANDARDS Article 24 – NON-PARTIES Article 27 – SUBSIDIARY BODIES Article 31 – ASSESSMENT AND REVIEW
CHAPTER 4: Development of effective ABS systems 4.1 Overview 4.2 Scope and Definitions 4.3 Access to Genetic Resources of States and ILC and to Associated Traditional Knowledge of ILC 4.4 Benefit-Sharing 4.5 Associated Traditional Knowledge 4.6 Compliance 4.7 Sectoral Approaches and Guidelines under the National Law 4.8 ABS-Related Institutions
4.9 Capacity Building and Technology Transfer CHAPTER 5: Conclusion Annex I: Status of the last negotiated version of the draft Nagoya Protocol at the Ad Hoc Open-Ended Working Group on Access and Benefit-Sharing (noon of October 27, 2010) Annex II: Synopsis of Article numbers in the adopted text (October 29, 2010) and the final official edition Annex III: The work of the Ad Hoc Open-Ended Intergovernmental Committee for the Nagoya Protocol on Access and Benefit-Sharing (ICNP)
Index of tables Table 1: Objectives of the CBD and their interpretation with regard to the South-North dynamics Table 2: Overview of the ABS negotiations 1998-2010 Table 3: WGABS-8 suggested issues and measures for compliance and their reflection in the Nagoya Protocol Table 4: Core provisions of the Nagoya Protocol and their level of legal obligation
PRICE POSTAGE Malaysia RM25.00 RM2.00 Third World countries US$11.00 US$5.00 (air); US$3.00 (sea) Other foreign countries US$15.00 US$7.00 (air); US$3.00 (sea) (For orders of more than 3 copies, please write in for reduced postal rate) How to Order the Book Visit our TWN Online Bookshop or contact Third World Network at 131 Jalan Macalister, 10400 Penang, Malaysia. Tel: 604-2266159 Fax: 604-2264505 Email for further information. |
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