EQUITABLE ACCESS TO HUMAN BIOLOGICAL RESOURCES IN DEVELOPING COUNTRIES BENEFIT SHARING WITHOUT UNDUE INDUCEMENT

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Equitable Access To Human Biological Resources In Developing Countries

Author : Roger Chennells
ISBN : 9783319197258
Genre : Medical
File Size : 46.90 MB
Format : PDF
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The main question explored by the book is: How can cross-border access to human genetic resources, such as blood or DNA samples, be governed in such a way as to achieve equity for vulnerable populations in developing countries? The book situates the field of genomic and genetic research within global health and research frameworks, describing the concerns that have been raised about the potential unfairness in exchanges during recent decades. Access to and sharing in the benefits of human biological resources are aspects not regulated by any international legal framework such as the Convention on Biological Diversity, which applies only to the exchange of plants, animals and microorganisms, as well as to associated traditional knowledge. Examples of genetic research perceived as exploitative are provided in order to illustrate the legal vacuum concerning the global governance of human genetic resources. The main conclusions drawn from the legal and ethical analysis are: • Benefit sharing is crucial in order to avoid the exploitation of developing countries in human genetic research. • With functioning research ethics committees, undue inducement is less of a concern in genetic research than in other areas of medical research (e.g. clinical trials). • Concerns remain over research involving indigenous populations; accordingly, recommendations are provided. In drawing these conclusions, the book addresses in detail a highly pressing topic in global bioethics and international law. In this regard, it combines bioethical arguments with jurisprudence, in particular with reference to the law of equity and the legal concepts of duress (coercion), unconscionable dealing, and undue inducement.
Category: Medical

Hunting Justice

Author : Maria Sapignoli
ISBN : 9781108126298
Genre : Law
File Size : 47.67 MB
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This book presents a long-term study of the activist campaign that contested the Botswana government's much-publicized removal of the San and Bakgalagadi people from the Central Kalahari Game Reserve. Sapignoli's multiple points of observation and analysis range from rural Botswana to the nation's High Court, and a variety of United Nations agencies in their Headquarters, focusing on rights claimants and officials from NGOs, states and the United Nations as they acted on the grievances of those who had been displaced. In offering a comprehensive discussion of the San people and their claims-making through formal institutions, this book maintains a consistent focus on the increased recourse to law and the everyday experience of those who are asserting their rights in response to the encroachments of the state and the opportunities inherent in new indigenous advocacy networks.
Category: Law

Indigenous Peoples Consent And Benefit Sharing

Author : Rachel Wynberg
ISBN : 9048131235
Genre : Law
File Size : 77.88 MB
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Indigenous Peoples, Consent and Benefit Sharing is the first in-depth account of the Hoodia bioprospecting case and use of San traditional knowledge, placing it in the global context of indigenous peoples’ rights, consent and benefit-sharing. It is unique as the first interdisciplinary analysis of consent and benefit sharing in which philosophers apply their minds to questions of justice in the Convention on Biological Diversity (CBD), lawyers interrogate the use of intellectual property rights to protect traditional knowledge, environmental scientists analyse implications for national policies, anthropologists grapple with the commodification of knowledge and, uniquely, case experts from Asia, Australia and North America bring their collective expertise and experiences to bear on the San-Hoodia case.
Category: Law

Benefit Sharing

Author : Doris Schroeder
ISBN : 9789400762053
Genre : Law
File Size : 87.79 MB
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Biomedical research is increasingly carried out in low- and middle-income countries. International consensus has largely been achieved around the importance of valid consent and protecting research participants from harm. But what are the responsibilities of researchers and funders to share the benefits of their research with research participants and their communities? After setting out the legal, ethical and conceptual frameworks for benefit sharing, this collection analyses seven historical cases to identify the ethical and policy challenges that arise in relation to benefit sharing. A series of recommendations address possible ways forward to achieve justice for research participants in low- and middle-income countries.
Category: Law

Contracting For Abs

Author : Shakeel Bhatti
ISBN : 9782831709826
Genre : Law
File Size : 40.27 MB
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The designation of geographical entities in this book, and the presentation of the material, do not imply the expression of any opinion whatsoever on the part of IUCN or the German Federal Ministry for Economic Cooperation and Development (BMZ) concerning the legal status of any country, territory, or area, or of its authorities, or concerning the delimitation of its frontiers or boundaries.
Category: Law

Poor People S Knowledge

Author : J. Michael Finger
ISBN : 9780821383698
Genre : Law
File Size : 82.55 MB
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How can we help poor people earn more from their knowledge rather than from their sweat and muscle alone? This book is about increasing the earnings of poor people in poor countries from their innovation, knowledge, and creative skills. Case studies look at the African music industry; traditional crafts and ways to prevent counterfeit crafts designs; the activities of fair trade organizations; biopiracy and the commercialization of ethnobotanical knowledge; the use of intellectual property laws and other tools to protect traditional knowledge. The contributors' motivation is sometimes to maintain the art and culture of poor people, but they recognize that except in a museum setting, no traditional skill can live on unless it has a viable market. Culture and commerce more often complement than conflict in the cases reviewed here. The book calls attention to the unwritten half of the World Trade Organization's Agreement on the Trade Related Aspects of Intellectual Property (TRIPS). TRIPS is about knowledge that industrial countries own, and which poor people buy. This book is about knowledge that poor people in poor countries generate and have to sell. It will be of interest to students and scholars of international trade and law, and to anyone with an interest in ways developing countries can find markets for cultural, intellectual, and traditional knowledge.
Category: Law

Ethics Dumping

Author : Doris Schroeder
ISBN : 9783319647319
Genre : Philosophy
File Size : 28.16 MB
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This book is published under a CC BY 4.0 license. This book provides original, up-to-date case studies of “ethics dumping” that were largely facilitated by loopholes in the ethics governance of low and middle-income countries. It is instructive even to experienced researchers since it provides a voice to vulnerable populations from the fore mentioned countries. Ensuring the ethical conduct of North-South collaborations in research is a process fraught with difficulties. The background conditions under which such collaborations take place include extreme differentials in available income and power, as well as a past history of colonialism, while differences in culture can add a new layer of complications. In this context, up-to-date case studies of unethical conduct are essential for research ethics training.
Category: Philosophy

Research Ethics In Africa

Author : Mariana Kruger
ISBN : 9781920689308
Genre : Science
File Size : 67.79 MB
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The aim of this book is to provide research ethics committee members with a resource that focuses on research ethics issues in Africa. The authors are currently active in various aspects of research ethics in Africa and the majority have been trained in the past by either the Fogarty International Center or Europe and Developing Countries Clinical Trial Partnership (EDCTP) sponsored bioethics training programmes .
Category: Science

The Future Control Of Food

Author : Geoff Tansey
ISBN : 9781844074303
Genre : Political Science
File Size : 88.55 MB
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Advances in Solar Energy: an Annual Review of Research and Development– is an annual publication organized by the American Solar Energy Society (ASES). Its goal is to provide a review journal of significant research and development in renewable en
Category: Political Science

The Sage Handbook Of Criminological Research Methods

Author : David Gadd
ISBN : 9781473971707
Genre : Social Science
File Size : 78.84 MB
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Conducting research into crime and criminal justice carries unique challenges. This Handbook focuses on the application of 'methods' to address the core substantive questions that currently motivate contemporary criminological research. It maps a canon of methods that are more elaborated than in most other fields of social science, and the intellectual terrain of research problems with which criminologists are routinely confronted. Drawing on exemplary studies, chapters in each section illustrate the techniques (qualitative and quantitative) that are commonly applied in empirical studies, as well as the logic of criminological enquiry. Organized into five sections, each prefaced by an editorial introduction, the Handbook covers: • Crime and Criminals • Contextualizing Crimes in Space and Time: Networks, Communities and Culture • Perceptual Dimensions of Crime • Criminal Justice Systems: Organizations and Institutions • Preventing Crime and Improving Justice Edited by leaders in the field of criminological research, and with contributions from internationally renowned experts, The SAGE Handbook of Criminological Research Methods is set to become the definitive resource for postgraduates, researchers and academics in criminology, criminal justice, policing, law, and sociology. David Gadd is Professor of Criminology at Manchester University School of Law where he is also Director of the Centre for Criminology and Criminal Justice. Susanne Karstedt has a Chair in Criminology and Criminological Justice at the University of Leeds. Steven F. Messner is Distinguished Teaching Professor of Sociology, University at Albany, State University of New York.
Category: Social Science