Daniel F. Robinson - Böcker

This is the first comprehensive review of the Intergovernmental Committee (IGC) of the World Intellectual Property Organization (WIPO) established in 2000. It provides an in-depth consideration of the key thematic areas within WIPO discussions – genetic resources (GRs), traditional knowledge (TK) and traditional cultural expressions (TCEs) through the perspectives of a broad range of experts and stakeholders, including indigenous peoples and local communities. It also looks at how these areas have been treated in a number of forums and settings (including national systems and experiences, and also in trade agreements) and the interface with WIPO discussions. Furthermore, the book analyses the process and the negotiation dynamics since the IGC received a mandate from WIPO members, in 2009, to undertake formal text-based negotiations towards legal instruments for the protection of GR, TK and TCEs. While there has been some progress in these negotiations, important disagreements persist. If these are to be resolved, the adoption of these legal instruments would be a significant development towards resolving key gaps in the modern intellectual property system. In this regard, the book considers the future of the IGC and suggests options which could contribute towards achieving a consensual outcome.

This book provides one of the most detailed and comprehensive examinations of the Moroccan argan tree, the products derived from it and its cultural significance. The Moroccan argan trade is booming, but as the tree provides important ecological functions and plays an important role, both financially and culturally, for the Amazigh (Berber) people it has become a key topic of debate. This book thoroughly examines the production stories, benefits and impacts and provides a value-chain analysis which compares different cooperatives and approaches to production. It assesses the fair-trade approaches and attempts at sustainable production of the bio-trade resource. While being a vital source of income, the argan tree has a significant cultural importance to the Indigenous people and the book assesses the impact of the argan trade on their well-being, community and livelihoods. It examines Indigenous knowledge and intellectual property issues relating to the trade, as well as Berber-state law and politics. Assessing factors relating to legal and economic geography international trade, socio-cultural and human-nature relationships, the book provides a comprehensive analysis of the argan tree which will appeal to students, scholars and practitioners.

The Nagoya Protocol to the Convention on Biological Diversity (CBD) is rapidly receiving signatures and ratifications. Many countries are preparing to implement the protocol through national research permit systems and/or biodiversity laws. Yet there is still considerable confusion about how to implement the Protocol, regarding access and benefit-sharing (ABS) procedures, and minimal experience in many countries. This book seeks to remedy this gap in understanding by analysing a number of ABS case studies in light of the Nagoya Protocol. The case studies are wide-ranging, with examples of plants for medicinal, cosmetic, biotech and food products from or for development in Australia, North Africa, Madagascar, Switzerland, Thailand, USA and Oceania. These will encourage countries to develop national systems which maximise their benefits (both monetary and non-monetary) towards conservation and support for local communities that hold traditional knowledge. In addition, the author analyses new expectations raised by the Nagoya Protocol, such as the encouragement of the development of community protocols by indigenous and local communities. As a result, stakeholders and policy-makers will be able to learn the steps involved in establishing ABS agreements, issues that arise between stakeholders, and the types of benefits that might be realistic.

This book provides one of the most detailed and comprehensive examinations of the Moroccan argan tree, the products derived from it and its cultural significance. The Moroccan argan trade is booming, but as the tree provides important ecological functions and plays an important role, both financially and culturally, for the Amazigh (Berber) people it has become a key topic of debate. This book thoroughly examines the production stories, benefits and impacts and provides a value-chain analysis which compares different cooperatives and approaches to production. It assesses the fair-trade approaches and attempts at sustainable production of the bio-trade resource. While being a vital source of income, the argan tree has a significant cultural importance to the Indigenous people and the book assesses the impact of the argan trade on their well-being, community and livelihoods. It examines Indigenous knowledge and intellectual property issues relating to the trade, as well as Berber-state law and politics. Assessing factors relating to legal and economic geography international trade, socio-cultural and human-nature relationships, the book provides a comprehensive analysis of the argan tree which will appeal to students, scholars and practitioners.

The Nagoya Protocol to the Convention on Biological Diversity (CBD) is rapidly receiving signatures and ratifications. Many countries are preparing to implement the protocol through national research permit systems and/or biodiversity laws. Yet there is still considerable confusion about how to implement the Protocol, regarding access and benefit-sharing (ABS) procedures, and minimal experience in many countries. This book seeks to remedy this gap in understanding by analysing a number of ABS case studies in light of the Nagoya Protocol. The case studies are wide-ranging, with examples of plants for medicinal, cosmetic, biotech and food products from or for development in Australia, North Africa, Madagascar, Switzerland, Thailand, USA and Oceania. These will encourage countries to develop national systems which maximise their benefits (both monetary and non-monetary) towards conservation and support for local communities that hold traditional knowledge. In addition, the author analyses new expectations raised by the Nagoya Protocol, such as the encouragement of the development of community protocols by indigenous and local communities. As a result, stakeholders and policy-makers will be able to learn the steps involved in establishing ABS agreements, issues that arise between stakeholders, and the types of benefits that might be realistic.

This book is the first legal geography book to explicitly engage in method. It complements this by also bringing together different perspectives on the emerging school of legal geography. It explores human–environment interactions and showcases distinct environmental legal geography scholarship. Legal Geography: Perspectives and Methods is an innovative book concerned with a new relational and material way of examining our legal-spatial world. With chapters examining natural resource management, Indigenous knowledge and political ecology scholarship, the text introduces legal geography’s modes of analysis and critique. The book explores topics such as Indigenous environmental rights, the impacts of extractive industries, mediation of climate change, food, animal and plant patents, fossil fuels, mining and coastal environments based on empirical, jurisdictional and methodological insights from Australia, New Zealand and the Asia-Pacific to demonstrate how space and place are invoked in legal processes and contestations, and the methods that may be employed to explore these processes and contestations.This book examines the role of legal geographies in the 21st century beyond the simple “law in action”, and it will thus appeal to students of socio-legal studies, human geography, environmental studies, environmental policy, as well as politics and international relations.

This book is the first legal geography book to explicitly engage in method. It complements this by also bringing together different perspectives on the emerging school of legal geography. It explores human–environment interactions and showcases distinct environmental legal geography scholarship. Legal Geography: Perspectives and Methods is an innovative book concerned with a new relational and material way of examining our legal-spatial world. With chapters examining natural resource management, Indigenous knowledge and political ecology scholarship, the text introduces legal geography’s modes of analysis and critique. The book explores topics such as Indigenous environmental rights, the impacts of extractive industries, mediation of climate change, food, animal and plant patents, fossil fuels, mining and coastal environments based on empirical, jurisdictional and methodological insights from Australia, New Zealand and the Asia-Pacific to demonstrate how space and place are invoked in legal processes and contestations, and the methods that may be employed to explore these processes and contestations.This book examines the role of legal geographies in the 21st century beyond the simple “law in action”, and it will thus appeal to students of socio-legal studies, human geography, environmental studies, environmental policy, as well as politics and international relations.