| Popis: |
The purpose of this chapter is to examine the principle of benefit-sharing in international law and thereby establish the important linkage between benefit sharing and sustainable development. It examines the principle in different areas of treaty law, and clarify how it may develop in future. These areas of law include biodiversity, climate change, desertification, oceans, indigenous peoples, and outer space. The main findings of the paper are that several aspects of the principle of benefit sharing can contribute to the elaboration of international law for sustainable development, including aspects that are not currently well developed. Yet, a number of obstacles exist to its implementation due to different understandings of the principle and a general lack of implementation thus far, even in domains where it is better defined. Future research is needed on the means of implementation of this principle, the development of the principle in ongoing international negotiations (which are many), and the potential future applications of the principle in international law. This would make a valuable contribution to ensuring that the use of natural resources truly leads to sustainable development based on a fair distribution of the costs and benefits of resource use between States, and within States. |
