Table of Contents

Research Handbook on Biodiversity and Law

Research Handbook on Biodiversity and Law

Research Handbooks in Environmental Law series

Edited by Michael Bowman, Peter Davies and Edward Goodwin

This wide-ranging Handbook presents a range of perspectives from leading international experts reflecting up-to-date research thinking on the subject of biodiversity law, the crucial importance of which to human welfare is only now being fully appreciated. Through a rigorous examination of the principles, procedures and practices that characterise this area of law, this timely volume effectively highlights its objectives, implementation, achievements, and prospects. Presenting thematic rather than regime-based coverage, the editors demonstrate the state-of-the-art of current research and identify future research needs and directions.

Chapter 13: Biodiversity, knowledge and the making of rights: reviewing the debates on bioprospecting and ownership

Emilie Cloatre

Subjects: environment, environmental law, law - academic, environmental law, public international law

Extract

This chapter reviews some of the debates surrounding access to genetic resources and the ethics of bioprospecting, and unpacks some of their complexity. It questions what the debates and legal answers provided to these debates indicate with regard to the status of biodiversity in global discourses, and in turn for our understanding of the role that law may play in controversies around biological resources. The term bioprospecting covers practices of systematic search through natural resources, with a view to pursuing further scientific development. In many cases, though not always, such developments also have a commercial aim – this constitutes the main focus of much of the controversy in this domain, and the main focus of the analysis below. Since the late 1990s, bioprospecting has become a highly contentious practice and politically loaded issue, in globalised as well as local settings. Since it brings together questions of ownership, access to natural resources, rights over nature and knowledge, the problem is a very ‘messy’ one, which seems to evade straightforward solutions. The 1992 Convention on Biological Diversity (CBD), without being the only forum in which these issues were debated, has been a focal point for some of the concerns raised by communities, (some) governments and NGOs over the years, but the solutions proposed still leave many core questions unanswered. Key paradigms such as ‘benefit-sharing’ and ‘prior informed consent’ have been developed that seek to ensure that the uses of biodiversity are compatible with aspirations for both environmental conservation and global justice.

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