Enough laws have been enacted since the adoption of the Nagoya Protocol on access and benefit-sharing to permit a study which is capable of accurately portraying the status quo of national implementation of the Protocol and the ensuing practice, emerging challenges and how countries are coping with them. This book, one of the first to present such a study, uniquely combines an examination of the new laws and practice and how they comply with the Nagoya Protocol; of issues not yet resolved by the Protocol and which solutions are being explored; and of how research and development is responding to the new situation. In addition, it proposes solutions to selected questions on ABS based on real-world and hypothetical cases, which could instigate litigation.
Written by a team of expert academics and practitioners in the field, this book makes a valuable contribution to academic and policy debates and to academic literature on international environmental law, international biodiversity law, international property law, climate law and the law of indigenous populations. It also offers a reference guide for practicing lawyers in the area of ABS.
Part I: Introduction.- Transformations in international law on access to
genetic resources and benefit-sharing and domestic implementation:
Introduction, synthesis and conclusions.- PART II: Post Nagoya Protocol
Measures On Access And Benefit-Sharing And Domestic Implementation:
Implementation In South America.- Access and benefit-sharing regime in
Argentina: Experiences and perspectives.- Brazilian biodiversity law
challenges and opportunities for industries and research institutions.-
Towards mutual supportiveness between the Nagoya Protocol and the Andean
Sub-regional ABS Regime: The cases of Ecuador and Peru.- New ABS legislation
and practice in compliance with the Nagoya Protocol: Current situation and
perspectives in Costa Rica.- Part III: Post Nagoya Protocol Measures On
Access And Benefitsharing And Domestic Implementation: Implementation In
Africa.- The South African ABS regime: New wine in old wine skins?.- The post
Nagoya Protocol ABS Regime in Cameroon: Exploring the extent to which ongoing
policy, regulatory developments and ABS practices uphold the obligations of
the Protocol.- The Ethiopian access and benefit-sharing regime: Stringent
with a purpose.- Abracadabra! It is time for Kenyan ABS law to be born.- Part
IV: Post Nagoya Protocol Measures On Access And Benefitsharing And Domestic
Implementation: Implementation In Asia.- Access and benefit sharing law and
policy in South Korea .- Malaysia From no ABS law to a comprehensive
legislation.- The new Vietnamese law on ABS: Overview and innovations in
legislation and practice.- Part V: Post Nagoya Protocol Measures On Access
And Benefitsharing And Domestic Implementation: Implementation In Australia.-
ABS in Australia: From innovation to hesitation.- Part VI: Post Nagoya
Protocol Measures On Access And Benefitsharing And Domestic Implementation:
Implementation In Europe.- ABS Regulation in the European Union.- Access and
benefit-sharing regime in Spain: Striking the balance between its roles as a
provider and a user of genetic resources.- The post Nagoya Protocol ABS
regime in France: Exploring the extent to which it upholds the obligations of
the Protocol.- Part VII: Implementation Experiences And Unresolved Issues:
General Themes.- Due Diligence and the Regulation of Transnational Economic
Activity - Regulation (EU) No 511/2014 compared to other EU due diligence
scheme.- Implementation of Due Diligence obligations in Germany.- Rights over
genetic resources and ways of monitoring the value chain: A case study from
the Royal Botanic Gardens, Kew.- Post Nagoya Protocol experiences of basic
research in Ecuador.- Digital Sequence Information on genetic resources and
the Convention on Biological Diversity.- ABS contractual obligations in the
context of agricultural breeding and possible cut-off points.- Contract
solutions for difficult ABS questions - example from information technology.-
ABS in practice real life cases.
Evanson Chege Kamau is senior research fellow in law at the Research Centre for European Environmental Law (FEU), University of Bremen. His area of expertise is public international law, European law and intellectual property law. His research focuses on genetic resources, environment, development and traditional rights on biological resources and traditional knowledge. He has about 20 years of working experience and has widely published as well as provided legal consultancy in the area of focus.
