An International Law Phenomenon

Oxford University Press eBooks, Journal Year: 2024, Volume and Issue: unknown, P. 1 - 45

Published: May 9, 2024

Abstract The Introduction provides an overview of how fair and equitable benefit-sharing has emerged across different areas international law in terms history, conceptual distinctions, normative convergence. It introduces three lenses that will enrich the doctrinal analysis this book. First, treaties other frameworks be understood as ‘incompletely theorized agreements’, because (re)elaboration approaches under various is ongoing. Second, integral components global law; part complex interactions with levels sources law. Third, equity connected ongoing scholarly debate on environmental justice, aiming to connect current theoretical discussions about concepts justice possible trade-offs among them interpretations support coherence

Language: Английский

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List of Abbreviations

Published: May 9, 2024

Subject Public International Law Collection: Oxford Scholarship Online

Language: Английский

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Intra-State and Transnational Benefit-Sharing with Local Knowledge Holders

Oxford University Press eBooks, Journal Year: 2024, Volume and Issue: unknown, P. 180 - 219

Published: May 9, 2024

Abstract This chapter clarifies State obligations to fairly and equitably share benefits with certain sectors of society beyond Indigenous peoples: local communities, farmers, legitimate tenure right holders, small-scale fishing peasants. The also reflects on international legal materials intra-community benefit-sharing, focusing women’s human rights. Transnational dimensions benefit-sharing related the traditional knowledge peoples communities are discussed, interface inter- intra-State under regimes access genetic resources in context scientific cooperation, information sharing, technology. Following an assessment progressive development law these areas, identifies potential paths for advancing theorization basis a mutually supportive interpretation procedural rights, natural resource-related substantive science.

Language: Английский

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A study on the governance pathways of the Law of the Sea in response to climate change

Frontiers in Marine Science, Journal Year: 2024, Volume and Issue: 11

Published: Sept. 12, 2024

The legal systems for ocean governance and climate change are based on the United Nations Convention Law of Sea Framework Climate Change, respectively. However, due to differences in their negotiation backgrounds, scope, goals, tasks, there is a lack interaction between two at system level. plays crucial role regulating Earth’s system, yet its value often underestimated Change. aim this study analyze effectiveness addressing change. Specifically, we will examine Convention’s ability mitigate adapt change, identify areas where it falls short, such as inadequate regulation sea level rise, acidification, fertilization. Based this, proposals paths from perspective include developing Agreement relating reinterpreting accordance with Paris Agreement. content should be adapted more flexibly current challenges, provisions related rise maritime boundaries reinterpreted fill gaps. In addition, important establish coordinated regulatory rules framework agreements address issues fertilization acidification. Finally, remedy shortcomings proving causation, scientific theories diligence obligations attributed. Through these measures, effective law that can explored.

Language: Английский

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The potential interactions between the BBNJ Agreement and RFMOs in the establishment of ABMTs: Implications for RFMOs

Marine Policy, Journal Year: 2024, Volume and Issue: 171, P. 106477 - 106477

Published: Nov. 1, 2024

Language: Английский

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