Conservation Policies for Agricultural Biodiversity: A Comparative Study of Laws and Policies focuses on the challenge of securing the ecological future of the planet and its inhabitants by exploring the Convention of Biological Diversity and the Nagoya Protocol on Access and Benefit Sharing and WTO laws, such as SPSS, TBT GATT. This book demonstrates how the urgent problem of biodiversity loss can be addressed by challenging notions of national self-interest and security for the purpose of implementing policies that will benefit humanity and, more importantly, ensure the future of our planet.
1. 4.1: Introduction - p. 107 2. 4.2: Policy issues on the safe applications of modern biotechnology99 Note: “The term ‘modern biotechnology’ refers to recombinant deoxyribonucleic acid (rDNA) techniques, or the fusion of cells beyond the taxonomic family, overcoming natural physiological reproductive or recombination barriers.” In this chapter, “the term ‘genetically modified organisms’ or ‘GMOs’, refers to the products of these techniques and should be understood as including all ‘living modified organisms’, or ‘LMOs’, as defined in Article three of the Cartagena Protocol on Biosafety”. Source: La Vina, A. and Fransen, L., “Integrating Socio-Economic Considerations into Biosafety Decisions: The Challenge for Asia”, (Ottawa, Canada: International Development Research Center (IDRC), 2004), 1. - p. 109 3. 4.3: Resolving regime conflicts to regulate trade in GMOs - p. 113 4. 4.4: The architecture of global governance in GMOs - p. 119 5. 4.5: Conclusion and suggestions - p. 135 6. Chapter 5 International regulations impacting trade in GMOs - p. 142 7. 5.1: Introduction - p. 143 8. 5.2: The intersecting of the biosafety protocol with the WTO agreements - p. 169 9. 5.3: Conclusion and suggestions - p. 180 10. Chapter 6 The Convention of Biological Diversity, Nagoya Protocol and TRIPS - p. 186 11. 6.1: Introduction - p. 187 12. 6.2: Trade, agricultural biotechnology, and intellectual property protection - p. 189 13. 6.3: International developments related to protection of PGRs - p. 191 14. 6.4: The interface between TRIPS and CBD: efforts toward harmonization1212 Note: Segments of this section has been reproduced in the Journal of International Trade Law and Policy with the same title. See Laxman, Lekha and Ansari, Abdul Haseeb, “The interface between TRIPS and CBD: efforts toward harmonization,” Journal of International Trade Law and Policy, vol. 11 no. 2 (2012): 108–132. - p. 198 15. 6.5: Analyses of the interface between the TRIPS and the CBD - p. 203 16. 6.6: Mechanisms and means to harmonize TRIPS and CBD - p. 216 17. 6.7: The International framework for access and benefit sharing of genetic resources: a review of the Nagoya Protocol6868 Note: Segments of this section of the chapter has been published in the Asia Pacific Journal of Environmental Law (APJEL) in November 2013. Ansari, A.H. and Laxman, L., “A Review of the International Framework for Access and Benefit Sharing of Genetic Resources with Special Reference to the Nagoya Protocol,” Asia Pacific Journal of Environmental Law, vol.16 (2013): 105–139. - p. 222 18. 6.8: An analysis of the key provisions in Nagoya Protocol - p. 230 19. 6.9: Conclusions and suggestions - p. 239 20. Chapter 7 Safeguarding agrobiodiversity, farmers' rights, and food security - p. 246 21. 7.1: Introduction - p. 247 22. 7.2: The emergence of farmer's rights and their role in the conservation of agrobiodiversity - p. 249 23. 7.3: International regulations impacting on farmers' rights - p. 250 24. 7.4: Genetically modified crops and liability for pollen drift contamination - p. 264 25. 7.5: Theories of liability under common law and statutory law - p. 266 26. 7.6: International regulations in the field of liability and redress relating to living modified organisms - p. 268 27. 7.7: Agrobiodiversity, food security, and traditional farming practices: issues and concerns - p. 271 28. 7.8: Conclusion and suggestions - p. 275 29. Chapter 8 Environmental governance and biodiversity conservation in the ASEAN region - p. 281 30. 8.1: Introduction - p. 281 31. 8.2: The current state of biodiversity in Southeast Asia: issues and concerns - p. 285 32. 8.3: Regional environmental governance2626 Note: According to Miranda Schreurs, Environmental governance “is about how societies deal with environmental problems” in the form of “the interactions among formal and informal institutions and the actors within society that influence how environmental problems are identified and framed.” For Koh, the element of implementation as well as the decision-making process should be included in this definition. Source: Schreurs, M. A. (2000). An analytic framework for a comparative study of environmental governance in Asia. In IGES Environmental Governance, Country Reports on Environmental Governance in Four Asian Countries (Japan: Shoman, IGES). See also Koh, K. L., Regional and state level environmental governance, ASEAN's environmental governance: An evaluation. In UNITAR/Yale Conference on Environmental Governance and Democracy, 10–11 May 2008, New Haven, Connecticut, 2.: the ASEAN experience - p. 290 33. 8.4: Current ASEAN framework for regional environmental governance - p. 294 34. 8.5: Best practices for conservation and sustainable use of biodiversity: frame of reference for ASEAN - p. 304 35. 8.6: Biodiversity conservation and agricultural sustainability - p. 305 36. 8.7: “Biocultural heritage” for protecting community rights and biodiversity - p. 308 37. 8.8: Mainstreaming biodiversity in development and the Sustainable Development Goals - p. 309 38. 8.9: Conclusion and suggestions - p. 312 39. Chapter 9 Exploring biodiversity conservation through the reinventing of religion - p. 319 40. Chapter 10 Conservation of global biodiversity - p. 351 41. Index - p. 383
Conservation Policies for Agricultural Biodiversity: A Comparative Study of Laws and Policies focuses on the challenge of securing the ecological future of the planet and its inhabitants by exploring the Convention of Biological Diversity and the Nagoya Protocol on Access and Benefit Sharing and WTO laws, such as SPSS, TBT GATT. This book demonstrates how the urgent problem of biodiversity loss can be addressed by challenging notions of national self-interest and security for the purpose of implementing policies that will benefit humanity and, more importantly, ensure the future of our planet.
1. 4.1: Introduction - p. 107 2. 4.2: Policy issues on the safe applications of modern biotechnology99 Note: “The term ‘modern biotechnology’ refers to recombinant deoxyribonucleic acid (rDNA) techniques, or the fusion of cells beyond the taxonomic family, overcoming natural physiological reproductive or recombination barriers.” In this chapter, “the term ‘genetically modified organisms’ or ‘GMOs’, refers to the products of these techniques and should be understood as including all ‘living modified organisms’, or ‘LMOs’, as defined in Article three of the Cartagena Protocol on Biosafety”. Source: La Vina, A. and Fransen, L., “Integrating Socio-Economic Considerations into Biosafety Decisions: The Challenge for Asia”, (Ottawa, Canada: International Development Research Center (IDRC), 2004), 1. - p. 109 3. 4.3: Resolving regime conflicts to regulate trade in GMOs - p. 113 4. 4.4: The architecture of global governance in GMOs - p. 119 5. 4.5: Conclusion and suggestions - p. 135 6. Chapter 5 International regulations impacting trade in GMOs - p. 142 7. 5.1: Introduction - p. 143 8. 5.2: The intersecting of the biosafety protocol with the WTO agreements - p. 169 9. 5.3: Conclusion and suggestions - p. 180 10. Chapter 6 The Convention of Biological Diversity, Nagoya Protocol and TRIPS - p. 186 11. 6.1: Introduction - p. 187 12. 6.2: Trade, agricultural biotechnology, and intellectual property protection - p. 189 13. 6.3: International developments related to protection of PGRs - p. 191 14. 6.4: The interface between TRIPS and CBD: efforts toward harmonization1212 Note: Segments of this section has been reproduced in the Journal of International Trade Law and Policy with the same title. See Laxman, Lekha and Ansari, Abdul Haseeb, “The interface between TRIPS and CBD: efforts toward harmonization,” Journal of International Trade Law and Policy, vol. 11 no. 2 (2012): 108–132. - p. 198 15. 6.5: Analyses of the interface between the TRIPS and the CBD - p. 203 16. 6.6: Mechanisms and means to harmonize TRIPS and CBD - p. 216 17. 6.7: The International framework for access and benefit sharing of genetic resources: a review of the Nagoya Protocol6868 Note: Segments of this section of the chapter has been published in the Asia Pacific Journal of Environmental Law (APJEL) in November 2013. Ansari, A.H. and Laxman, L., “A Review of the International Framework for Access and Benefit Sharing of Genetic Resources with Special Reference to the Nagoya Protocol,” Asia Pacific Journal of Environmental Law, vol.16 (2013): 105–139. - p. 222 18. 6.8: An analysis of the key provisions in Nagoya Protocol - p. 230 19. 6.9: Conclusions and suggestions - p. 239 20. Chapter 7 Safeguarding agrobiodiversity, farmers' rights, and food security - p. 246 21. 7.1: Introduction - p. 247 22. 7.2: The emergence of farmer's rights and their role in the conservation of agrobiodiversity - p. 249 23. 7.3: International regulations impacting on farmers' rights - p. 250 24. 7.4: Genetically modified crops and liability for pollen drift contamination - p. 264 25. 7.5: Theories of liability under common law and statutory law - p. 266 26. 7.6: International regulations in the field of liability and redress relating to living modified organisms - p. 268 27. 7.7: Agrobiodiversity, food security, and traditional farming practices: issues and concerns - p. 271 28. 7.8: Conclusion and suggestions - p. 275 29. Chapter 8 Environmental governance and biodiversity conservation in the ASEAN region - p. 281 30. 8.1: Introduction - p. 281 31. 8.2: The current state of biodiversity in Southeast Asia: issues and concerns - p. 285 32. 8.3: Regional environmental governance2626 Note: According to Miranda Schreurs, Environmental governance “is about how societies deal with environmental problems” in the form of “the interactions among formal and informal institutions and the actors within society that influence how environmental problems are identified and framed.” For Koh, the element of implementation as well as the decision-making process should be included in this definition. Source: Schreurs, M. A. (2000). An analytic framework for a comparative study of environmental governance in Asia. In IGES Environmental Governance, Country Reports on Environmental Governance in Four Asian Countries (Japan: Shoman, IGES). See also Koh, K. L., Regional and state level environmental governance, ASEAN's environmental governance: An evaluation. In UNITAR/Yale Conference on Environmental Governance and Democracy, 10–11 May 2008, New Haven, Connecticut, 2.: the ASEAN experience - p. 290 33. 8.4: Current ASEAN framework for regional environmental governance - p. 294 34. 8.5: Best practices for conservation and sustainable use of biodiversity: frame of reference for ASEAN - p. 304 35. 8.6: Biodiversity conservation and agricultural sustainability - p. 305 36. 8.7: “Biocultural heritage” for protecting community rights and biodiversity - p. 308 37. 8.8: Mainstreaming biodiversity in development and the Sustainable Development Goals - p. 309 38. 8.9: Conclusion and suggestions - p. 312 39. Chapter 9 Exploring biodiversity conservation through the reinventing of religion - p. 319 40. Chapter 10 Conservation of global biodiversity - p. 351 41. Index - p. 383
