Transboundary Resources, Consent and Customary Law - Comment

Autor: Graham Dutfield
Jazyk: English<br />French
Rok vydání: 2013
Předmět:
Zdroj: Law, Environment and Development Journal, Vol 9, Iss 2, Pp 259-263 (2013)
Druh dokumentu: article
ISSN: 1746-5893
Popis: This brief commentary focuses on the unresolved access and benefit sharing (ABS) challenges of transboundary resources and situations where getting prior informed consent is not possible. In the absence of the global mechanism envisaged by the Nagoya Protocol, satisfactory ABS deals can still be struck but these are unlikely to be either common or effective in generating substantial benefits for the indigenous peoples. The commentary closes by underlining the moral imperative of ensuring that traditional knowledge and genetic resource users comply with the laws and customary practices established by indigenous groups rather than simply impose their own norms. However, there are many legal and conceptual obstacles to be overcome first.
Databáze: Directory of Open Access Journals