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oapen-20.500.12657-907672024-06-05T02:25:00Z Fair and Equitable Benefit-sharing in International Law Morgera, Elisa equity, benefit-sharing, international environmental law, international human rights law, biodiversity, knowledge, Indigenous peoples, cooperation, law of the sea thema EDItEUR::L Law::LB International law::LBB Public international law::LBBP Public international law: environment thema EDItEUR::L Law::LB International law::LBB Public international law::LBBR Public international law: human rights thema EDItEUR::L Law::LB International law::LBB Public international law::LBBK Public international law: law of the sea thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNT Social law and Medical law::LNTJ Public health and safety law Fair and equitable benefit-sharing is a diffuse legal phenomenon in international law that remains perplexing with regard to its general nature, extent, content, and implications. The continued proliferation of benefit-sharing clauses in international law can in effect be explained by its intuitive appeal as an optimistic frame. In principle, it serves to recognize, encourage, and reward in innovative ways sustainable human relations with the environment, by focusing on equity issues arising from the most intractable challenges of our time (biodiversity loss, climate change, poverty, global epidemics). Empirical evidence, however, indicates that in practice benefit-sharing rarely achieves its stated fairness and equity objectives, and actually ends up entrenching or worsening inequitable relationships, with little or no benefit for the environment. Instead of focusing on fair and equitable benefit-sharing in specific areas of international law separately, this book assesses the phenomenon both from a general international law perspective and through a comparative analysis across international environmental law, international human rights law, international health law, and the law of the sea. This analysis reveals an opportunity to advance the interpretation and practice of fairness and equity in benefit-sharing through a mutually supportive interpretation of international biodiversity law and international human rights law. 2024-06-04T12:12:09Z 2024-06-04T12:12:09Z 2024 book https://library.oapen.org/handle/20.500.12657/90767 eng application/pdf Attribution-NonCommercial-NoDerivatives 4.0 International 9780192606723_Morgera_WEB.pdf https://global.oup.com/academic/product/fair-and-equitable-benefit-sharing-in-international-law-9780198862130?q=9780198862130&cc=gb&lang=en Oxford University Press 10.1093/oso/9780198862130.001.0001 10.1093/oso/9780198862130.001.0001 b9501915-cdee-4f2a-8030-9c0b187854b2 305 Oxford open access
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English
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Fair and equitable benefit-sharing is a diffuse legal phenomenon in international law that remains perplexing with regard to its general nature, extent, content, and implications. The continued proliferation of benefit-sharing clauses in international law can in effect be explained by its intuitive appeal as an optimistic frame. In principle, it serves to recognize, encourage, and reward in innovative ways sustainable human relations with the environment, by focusing on equity issues arising from the most intractable challenges of our time (biodiversity loss, climate change, poverty, global epidemics). Empirical evidence, however, indicates that in practice benefit-sharing rarely achieves its stated fairness and equity objectives, and actually ends up entrenching or worsening inequitable relationships, with little or no benefit for the environment. Instead of focusing on fair and equitable benefit-sharing in specific areas of international law separately, this book assesses the phenomenon both from a general international law perspective and through a comparative analysis across international environmental law, international human rights law, international health law, and the law of the sea. This analysis reveals an opportunity to advance the interpretation and practice of fairness and equity in benefit-sharing through a mutually supportive interpretation of international biodiversity law and international human rights law.
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9780192606723_Morgera_WEB.pdf
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9780192606723_Morgera_WEB.pdf
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title_short |
9780192606723_Morgera_WEB.pdf
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title_full |
9780192606723_Morgera_WEB.pdf
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9780192606723_Morgera_WEB.pdf
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9780192606723_Morgera_WEB.pdf
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9780192606723_morgera_web.pdf
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publisher |
Oxford University Press
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2024
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https://global.oup.com/academic/product/fair-and-equitable-benefit-sharing-in-international-law-9780198862130?q=9780198862130&cc=gb&lang=en
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1801184886381346816
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