The need for an international legal concept of fair and equitable benefit-sharing

Morgera, Elisa (2016) The need for an international legal concept of fair and equitable benefit-sharing. European Journal of International Law, 27 (2). pp. 353-383. ISSN 0938-5428 (https://doi.org/10.1093/ejil/chw014)

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Abstract

This article proposes a concept of 'fair and equitable benefit sharing' deriving from international biodiversity law, international human rights law, and the law of the sea. The concept identifies normative elements that are shared among the international treaties that refer to benefit sharing, comprising the act of sharing; the nature of the benefits to be shared; the activities from which benefit sharing arise; the beneficiaries; and fairness and equity as the rationale for benefit sharing in international law. The concept is not intended to provide a holistic or exhaustive notion of fair and equitable benefit sharing but, rather, to support comparison and generalization with a view to shifting the current investigation from sectoral/technical approaches to the perspective of general international law and the contribution to research in other areas of international law. The proposed conceptualization is thus geared towards the development of a research agenda targeting a variety of international and transnational legal materials, allowing for the appreciation of differences in the context of varying logics of different areas of law.

  • Item type:Article
    ID code:57684
    Dates:
    Date
    Event
    31 May 2016
    Published
    1 October 2015
    Accepted
    Notes:This is a pre-copyedited, author-produced PDF of an article accepted for publication in European Journal of International Law following peer review. The version of record, Elisa Morgera, The Need for an International Legal Concept of Fair and Equitable Benefit Sharing, Eur J Int Law (2016) 27 (2): 353-383 is available online at: http://dx.doi.org/10.1093/ejil/chw014
    Subjects:Law
    Department:Faculty of Humanities and Social Sciences (HaSS) > Strathclyde Law School > Law
    Depositing user: Pure Administrator
    Date deposited:06 Sep 2016 08:35
    Last modified:19 Apr 2024 00:18
    Related URLs:
    URI:https://strathprints.strath.ac.uk/id/eprint/57684
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