Discuss this articleShare your views with other visitors, and read what they have to say
If you have a relevant resource (books, papers, bulletins, etc.) you would like to see announced in this section, please forward a copy for review by the BioRes staff to Andrew Aziz at aaziz@ictsd.ch.
CONFRONTING BIOPIRACY: CHALLENGES, CASES AND INTERNATIONAL DEBATES. By Daniel F. Robinson. February 2010. “Biopiracy” refers either to the unauthorised extraction of biological resources or to the patenting of spurious “inventions” based on such knowledge or resources without compensation. Biopiracy cases continue to emerge in the media and public eye, yet they remain the source of considerable disagreement, confusion, controversy and grief. The aim of this book is to provide the most detailed, coherent analysis of the issue of biopiracy to date. The book synthesises the rise of the issue and increasing use of the term by activists and negotiators in the World Trade Organization (WTO) and the Convention on Biological Diversity (CBD) to form a critical understanding of the themes, implications and politics of biopiracy. Using case-studies derived from interviews and fieldwork with researchers, government, industry, local farmers, healers and indigenous people, the author documents events that have occurred in biopiracy and bioprospecting controversies. Implications and ethical dilemmas are explored, particularly relating to work with local communities, and the power relations entailed. Options and solutions are suggested which are relevant for local communities, national governments, international negotiators, NGO and interest groups, researchers and industry. This publication can be accessed at: http://www.earthscan.co.uk/?tabid=101786.
TRADE AND DEFORESTATION: WHAT HAVE WE FOUND? By Juan Robalino and Luis Diego Herrara. World Trade Organization, February 2010. Forest plays a significant role in the overall balance of carbon in the atmosphere. Forest carbon sequestration can potentially reduce the accumulation of greenhouse gases in the atmosphere. However, when deforestation takes place, carbon is released to the atmosphere again. In light of increasing trade around the world, this paper attempts to address the questions: Will these trade trends have an effect on forest cover and deforestation? Which countries are more likely to be affected? What will the trade effects be on the welfare of resource abundant countries? Will trade have an effect on conservation efforts? The paper also makes several policy recommendations for trade policy and conservation policy in an “opening” world. This publication can be accessed at: http://www.wto.org/english/res_e/publications_e/wtr10_robalino_herrera_e.htm.
CLIMATE CHANGE, TECHNOLOGY TRANSFER AND INTELLECTUAL PROPERTY RIGHTS. By Krishna Ravi Srinivas. RIS Discussion Paper series, July 2009. Technology development and transfer has been identified as a key element in the Bali Action Plan. In the negotiations on a global climate treaty the developing nations have put forth ideas and plans to ensure that intellectual property rights (IPRs) do not become a barrier to transfer of climate friendly technology. In this discussion paper, the question of technology transfer and intellectual property rights is addressed in the context of climate change. The paper concludes that the challenge of climate change calls for out of the box thinking to find solutions that can make a difference. The IPR issues in technology transfer need to be tackled by a combination of policy measures, incentives and bringing in changes at the global intellectual property regime under TRIPS. This publication can be viewed at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1440742.
CAPPING CARBON. By David M. Driesen. Environmental Law, January 2010. This article discusses cap setting for a cap-and-trade program, a key problem in pending legislation addressing global climate disruption. While the literature often suggests that trading automatically solves the problems associated with Best Available Technology (BAT) regulation, regulators often use a BAT approach to setting caps for trading programs. This paper examines neglected normative and practical choices between BAT, cost-benefit, and effects-based cap setting in the trading context. It also shows that cap-setting exercises can get bogged down in the same sort of lengthy administrative and judicial processes that delayed and weakened BAT regulation and discusses ways of avoiding these problems in climate legislation. This article can be viewed at http://www.lclark.edu/law/law_reviews/environmental_law/.
LEGAL FRAMEWORKS FOR REDD: DESIGN AND IMPLEMENTATION AT THE NATIONAL LEVEL. Edited by John Costenbader. International Union for Conservation of Nature, 2009. An effective mechanism for reducing emissions from deforestation and forest degradation in developing countries (REDD) could provide a powerful tool for mitigating global carbon dioxide levels as well as greatly enhancing developing country tropical forest conservation and sustainable development. Given that many tropical forest countries likely to host a majority of REDD projects also demonstrate the weakest forest governance records in recent decades, the design and implementation of legal and institutional frameworks relevant for REDD governance will require especially careful evaluation. Responding to this challenge, the IUCN Environmental Law Centre has completed a comprehensive study on national legal frameworks for REDD in conjunction with partner international and national REDD legal experts. The report includes case studies from Brazil, Cameroon, Guyana, and Papua New Guinea, which serve as a basis for further analysis and recommendations for the development of laws and regulations for REDD. The publication is available for download at http://cmsdata.iucn.org/downloads/eplp_77.pdf.
Add a comment
Enter your details and a comment below, then click Submit Comment. We’ll review and publish the best comments.