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Laws 2015, 4(4), 803-831; doi:10.3390/laws4040803

Fair and Equitable Benefit-Sharing at the Cross-Roads of the Human Right to Science and International Biodiversity Law

School of Law, University of Edinburgh, Old School, South Bridge, Edinburgh EH8 9YL, UK
Academic Editor: Aurora Plomer
Received: 30 October 2015 / Revised: 11 December 2015 / Accepted: 14 December 2015 / Published: 21 December 2015
(This article belongs to the Special Issue Bioethics, Law and Human Rights: Global Intersections)
View Full-Text   |   Download PDF [768 KB, uploaded 21 December 2015]

Abstract

As the debate about the need to clarify the content of the human right to science intensifies, this article assesses opportunities for opening a scholarly and policy dialogue on fair and equitable benefit-sharing between international human rights and biodiversity lawyers. To that end, the article contrasts the emerging conceptualizations of the right to science in the context of international cultural rights and of fair and equitable benefit-sharing under international biodiversity law. It then critically assesses the potential for cross-fertilization with specific regard to: the sharing of scientific information and promotion of scientific cooperation, the transfer of technology, and the protection and valorization of traditional knowledge of indigenous peoples and local communities. While acknowledging that both the right to science and fair and equitable benefit-sharing are far from being fully understood or operationalized, the article argues that developments in international biodiversity law concerning the latter may provide insights into how a vague and optimistic concept can (and when it cannot) lead to tangible outcomes, rather than remaining merely rhetorical. View Full-Text
Keywords: right to science; benefit-sharing; equity; international law; biodiversity; human rights right to science; benefit-sharing; equity; international law; biodiversity; human rights
This is an open access article distributed under the Creative Commons Attribution License which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited. (CC BY 4.0).

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MDPI and ACS Style

Morgera, E. Fair and Equitable Benefit-Sharing at the Cross-Roads of the Human Right to Science and International Biodiversity Law. Laws 2015, 4, 803-831.

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