Fair and Equitable Benefit-sharing in International Law
Morgera, Elisa (2024) Fair and Equitable Benefit-sharing in International Law. Oxford University Press, Oxford. ISBN 9780191894824 (https://doi.org/10.1093/oso/9780198862130.001.0001)
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Abstract
Fair and equitable benefit-sharing is a diffuse legal phenomenon in international law. The continued proliferation of benefit-sharing clauses can be explained by their appeal as an optimistic frame in addressing sustainability and equity concerns related to bio-based innovation, the use of natural resources, environmental protection, and knowledge creation. In principle, fair and equitable benefit-sharing serves to recognize, encourage, and incentivise sustainable human relationships with the environment by focusing on equity issues arising from the most intractable challenges of our time, such as loss of biodiversity, climate change, poverty, and global epidemics. Empirical evidence, however, indicates that, in practice, benefit-sharing rarely achieves its fairness and equity objectives, and ends up entrenching or worsening inequitable relationships with little to no benefit for the environment. Instead of focusing on fair and equitable benefit-sharing in sub-specialist areas of international law in isolation, Elisa Morgera assesses the phenomenon from a general international law perspective and through comparison-across international environmental law, international human rights law, international health law, and the law of the sea. Strengthened by insights from local-level case studies in different regions and sectors, this book looks toward overcoming the limitations inherent in individual international regimes and addressing the shortcomings in benefit-sharing implementation. Morgera's topical and comprehensive analysis reveals opportunities to advance fairness and equity in benefit-sharing through a mutually supportive interpretation of international biodiversity law and international human rights law, as well as opportunities to contribute to future research in areas such as international health law, international law on outer space, and international economic law.
ORCID iDs
Morgera, Elisa ORCID: https://orcid.org/0000-0002-5234-8784;-
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Item type: Book ID code: 90348 Dates: DateEvent9 May 2024PublishedSubjects: Political Science > International law Department: Faculty of Humanities and Social Sciences (HaSS) > Strathclyde Law School > Law
Strategic Research Themes > Society and PolicyDepositing user: Pure Administrator Date deposited: 26 Aug 2024 11:06 Last modified: 01 Sep 2024 01:55 URI: https://strathprints.strath.ac.uk/id/eprint/90348