Access and Benefit Sharing in International Law
Intellectual Property and the Environment series
Chapter 8: Observations and conclusions
This book has set out an analysis of the developments of the resources regulation schemes for Antarctica, outer space, the seas and oceans, a general scheme for genetic resources within national jurisdictions and specific schemes dealing with plant genetic resources for food and agriculture and human pandemic viruses. Each of these schemes is separated in time demonstrating both the evolving ambition of Nation States (particularly the South countries) to regulate genetic resources and the evolving conceptions about genetic resources – from unspecified resources, through the common heritage of mankind, to recognised valuable sovereign resources. The analysis also shows that the detail in each scheme is gaining in complexity and that the different schemes are feeding back into each other further engaging earlier schemes. There is little doubt that this is an evolving and vibrant area of international law. The analysis of each of these schemes shows a positioning of the various resource regimes into a broader context and, hopefully, an understanding of why genetic resources are dealt with in the way that they are, and why some of the intractable differences remain unresolved and are unlikely to be resolved soon.
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