1st Edition

Routledge Handbook of Biodiversity and the Law

Edited By Charles R. McManis, Burton Ong Copyright 2018
    444 Pages 13 B/W Illustrations
    by Routledge

    444 Pages 13 B/W Illustrations
    by Routledge

    This volume provides a reference textbook and comprehensive compilation of multifaceted perspectives on the legal issues arising from the conservation and exploitation of non-human biological resources. Contributors include leading academics, policy-makers and practitioners reviewing a range of socio-legal issues concerning the relationships between humankind and the natural world.

    The Routledge Handbook of Biodiversity and the Law includes chapters on fundamental and cutting-edge issues, including discussion of major legal instruments such as the Convention on Biological Diversity and the Nagoya Protocol.

    The book is divided into six distinct parts based around the major objectives which have emerged from legal frameworks concerned with protecting biodiversity. Following introductory chapters, Part II examines issues relating to conservation and sustainable use of biodiversity, with Part III focusing on access and benefit-sharing. Part IV discusses legal issues associated with the protection of traditional knowledge, cultural heritage and indigenous human rights. Parts V and VI focus on a selection of intellectual property issues connected to the commercial exploitation of biological resources, and analyse ethical issues, including viewpoints from economic, ethnobotanical, pharmaceutical and other scientific industry perspectives.

    Part I: Introduction

    Chapter 1: Biodiversity and the Law: Mapping the International Legal Terrain

    Burton Ong

    Chapter 2: Biodiversity and the Law in Brief

    Charles McManis

    Part II: Conservation and Sustainable Use of Genetic Resources

    Chapter 3: Biodiversity in International Environmental Law Through the UN Sustainable Development Goals

    Nicholas Robinson

    Chapter 4: Biodiversity, Protected Areas and the Law

    Jamie Benedickson and Sandy Paterson

    Chapter 5: The International Legal Framework for the Protection of and Sustainable Use of Marine Biological Resources

    Youna Lyons and Denise Cheong

    Chapter 6: Biosecurity, Invasive Species and the Law

    Opi Outthwaite

    Chapter 7: Biotechnology, Biodiversity and the Law

    Barbara Schaal and Joseph Jez

    Chapter 8: Legal Responses in the United States to Biodiversity Loss and Climate Change

    James Ming Chen

    Chapter 9: China’s Biodiversity Law

    John Nagle

    Chapter 10: The International Treaty for Plant Genetic Resources on Food and Agriculture: Toward the Realisation of Farmers’ Rights as a Means of Protecting Biodiversity

    Regine Andersen

    Part III: Access and Benefit Sharing

    Chapter 11: Access to and Benefit Sharing of Marine Genetic Resources Beyond National Jurisdiction: Developing a New Legally Binding Instrument

    Carlos Correa

    Chapter 12: A Realized Benefit from Bioprospecting in the Wake of the Convention on Biological Diversity: The Impact of Natural Products Discovery Programs on our Knowledge of the Flora of Madagascar

    James Miller and Porter Lowry

    Chapter 13: Regulatory Measures on Access and Benefit Sharing for Biological and Genetic Resources: National and Regional Perspectives from the Philippines, Singapore and ASEAN

    Lye Lin-Heng and Rose Liza Eisma-Osorio

    Chapter14: One Step Forward, Two Steps Back? Implementing Access and Benefit-Sharing Legislation in South Africa

    Rachel Wynberg

    Chapter 15: De-Materialising Genetic Material: Synthetic Biology, Intellectual Property and the ABS Bypass

    Margo Bagley

    Part IV: Traditional Knowledge Protection

    Chapter 16: Traditional Knowledge: Lessons from the Past, Lessons for the Future

    Michael Balick

    Chapter 17: Bioprospecting and Traditional Knowledge in Australia

    Michael Blakeney

    Chapter 18: If we have never been Modern, they have never been Traditional: ‘Traditional Knowledge’, Biodiversity, and the Flawed ABS Paradigm

    Graham Dutfield

    Chapter 19: Where Custom is the Law: The Fundamental Role of Customary Law in Securing Protection of Traditional Knowledge under the Nagoya Protocol

    Brendan Tobin

    Part V: Biodiversity and Intellectual Property Protection

    Chapter 20: Biodiversity, Intangible Cultural Heritage and Intellectual Property

    Christoph Antons

    Chapter 21: Intellectual Property, Biodiversity and Food Security

    Brad Sherman

    Chapter 22: Sisyphus Redivivus? The Work of WIPO on Genetic Resources and Traditional Knowledge

    Nuno Pires de Carvalho

    Chapter 23: Is the Whole Greater than the Sum of its Parts? A Critical Reflection on the WIPO IGC

    Daniel Robinson

    Part VI: The Ethics, Economics and Science-Policy Interface of Biodiversity Protection

    Chapter 24: Naturalizing Morality

    Ursula Goodenough

    Chapter 25: Making Legal Use of the Valuation of Nature

    Colin Reid

    Chapter 26: Bounded Openness as the Modality for the Global Multilateral Benefit-Sharing Mechanism of the Nagoya Protocol

    Joseph Henry Vogel, Klaus Angerer, Manuel Ruiz Muller and Omar Oduardo-Sierra

    Chapter 27: The IPBES, Biodiversity and the Law: Design, Functioning and Perspectives of the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services

    Guillaume Futhazar, Denis Pesche and Sandrine Maljean-Dubois


    Charles R. McManis is the former Thomas and Karole Green Professor of Law Emeritus and former Director of the Intellectual Property and Technology Law Program at Washington University in St. Louis, Missouri, USA. His book, Intellectual Property and Unfair Competition in a Nutshell, is now in its seventh edition. He is also co-author of Licensing Intellectual Property in the Information Age, the second edition of which was published in 2005. 

    Burton Ong is Associate Professor in the Faculty of Law at the National University of Singapore, where he was Deputy Director of the Asia-Pacific Centre for Environmental Law between 2014 and 2017. He teaches and researches in the areas of Competition Law, Intellectual Property and Contract Law. He is the editor of Intellectual Property and Biological Resources (2004) and has an interest in the biodiversity and wildlife laws of the ASEAN member countries.

    "The Handbook of Biodiversity and the Law, edited by Charles R. McManis and Burton Ong, is required reading for lawyers, scholars and policymakers for the most recent comprehensive scholarship on a broad spectrum of issues relating to biodiversity. In one single volume world renowned environmental law scholars examine cutting edge issues ranging from genetic resources, biosecurity, access and benefit sharing, synthetic biology, intellectual property, cultural heritage, conservation and sustainable use of marine biodiversity, indigenous peoples human rights and more. This will clearly become a 'must have' reference book." - Dr. Nilufer Oral, Law Faculty, Istanbul Bilgi University, Turkey

    "This book illuminates the complex set of legal issues surrounding biodiversity by examining them from a wide range of different perspectives. The editors are to be commended for the incredibly rich, varied, and informative scholarship that they have brought together in one volume." - Prof. Graeme B. Dinwoodie, University of Oxford, UK