1st Edition
Routledge Handbook of Biodiversity and the Law
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
Biography
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
