Picture of DNA strand

Pioneering chemical biology & medicinal chemistry through Open Access research...

Strathprints makes available scholarly Open Access content by researchers in the Department of Pure & Applied Chemistry, based within the Faculty of Science.

Research here spans a wide range of topics from analytical chemistry to materials science, and from biological chemistry to theoretical chemistry. The specific work in chemical biology and medicinal chemistry, as an example, encompasses pioneering techniques in synthesis, bioinformatics, nucleic acid chemistry, amino acid chemistry, heterocyclic chemistry, biophysical chemistry and NMR spectroscopy.

Explore the Open Access research of the Department of Pure & Applied Chemistry. Or explore all of Strathclyde's Open Access research...

Under the radar : the role of fair and equitable benefit-sharing in protecting and realising human rights connected to natural resources

Morgera, Elisa (2019) Under the radar : the role of fair and equitable benefit-sharing in protecting and realising human rights connected to natural resources. International Journal of Human Rights. ISSN 1744-053X

[img] Text (Morgera-IJHR-2019-the-emergence-of-fair-and-equitable-benefit-sharing-as-an-inherent-component-of-human-rights)
Morgera_IJHR_2019_the_emergence_of_fair_and_equitable_benefit_sharing_as_an_inherent_component_of_human_rights.pdf
Accepted Author Manuscript
Restricted to Repository staff only until 11 September 2020.

Download (925kB) | Request a copy from the Strathclyde author

    Abstract

    This article assess the degree of cross-fertilisation of international human rights and environmental law on fair and equitable benefit-sharing in relation to the human rights of indigenous peoples and local communities over natural resources. It also explores further avenues to develop a mutually supportive interpretation by strategically analysing the interplay of international benefit-sharing obligations with environmental assessment and free prior informed consent. This will serve to substantiate four inter-linked claims. Benefit-sharing has a substantive core linked to communities’ choice and capabilities, as well as a procedural one linked to communities’ agency as part of a concerted, culturally appropriate and iterative dialogue with the State. Benefit-sharing expands considerably the scope and approach of environmental assessments and consultation practices, having the potential to move towards a transformative collaboration in light of multiple worldviews. Benefit-sharing should then be distinguished from compensation, with which it is often conflated, as it does not depend upon a violation of a right. Finally, the proposed interpretation has implications for understanding the status of fair and equitable benefit-sharing in international law, as well as for businesses’ due diligence to respect the human rights of indigenous peoples and local communities.