Download Protecting Biodiversity: National Laws Regulating Access to by Susan P. Bass, Manuel Ruiz Muller PDF

By Susan P. Bass, Manuel Ruiz Muller

Keeping Biodiversity addresses essentially the most primary facets of this significant factor: the inability of sufficient nationwide legislation regulating entry to, and repayment for, using neighborhood genetic assets. This e-book is the 1st to check such legislation and guidelines throughout a variety of international locations in either the industrialized and constructing worlds, together with Argentina, Canada, Colombia, Costa Rica, Paraguay, Peru and the U.S.. It additionally offers felony viewpoints, conclusions and stable ideas for destiny motion.

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Canada's apparent insistence that all countries permit open access to their in situ genetic resources ignores this objective. Canada's assumptions regarding other countries' obligations to provide open access to their in situ and ex situ genetic resources possibly arises from its own emphasis on ex situ genetic resources, which are the materials of primary interest to researchers. Canada's policy conflates in situ and ex situ genetic resources and applies the plant breeders' worldwide tradition of permitting open access to ex situ plant genetic resources to all genetic resources everywhere.

Mechanisms to ensure a financial return to government, based on commercialization of genetic resources, vary widely and are absent in the case of many categories of land. Recently, the National Park Service invoked the Federal Technology Transfer Act (FTTA) as the legal authority for collecting money and structuring the returns of benefits from commercial products developed in the future from bacteria in the hot springs of Yellowstone National Park. However, this strategy cannot serve as a model for other federal agencies, in part because of the legal uncertainties of applying the FTTA to research on specimens from national parks.

Black communities — Article 63 of the Colombian Constitution mentions the communal lands of ethnic groups and establishes a special protection for black communities. Article 4 of Law 70 (1993) recognizes the collective property rights of black communities. The lands of these communities are inalienable, cannot be transferred to any other entity (even if that entity has possessed the land "in good faith"), or made subject to any liens. This collective property right is exercised according to its social function, which includes an inherent ecological function.

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