Fair and Equitable Benefit-Sharing at the Cross-Roads of the Human Right to Science and International Biodiversity Law
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 c...
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
MDPI AG
2015-12-01
|
| Series: | Laws |
| Subjects: | |
| Online Access: | http://www.mdpi.com/2075-471X/4/4/803 |
| _version_ | 1811279824998629376 |
|---|---|
| author | Elisa Morgera |
| author_facet | Elisa Morgera |
| author_sort | Elisa Morgera |
| collection | DOAJ |
| description | 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. |
| first_indexed | 2024-04-13T01:01:36Z |
| format | Article |
| id | doaj.art-fde936edb81e4705b3edf440c32a500c |
| institution | Directory Open Access Journal |
| issn | 2075-471X |
| language | English |
| last_indexed | 2024-04-13T01:01:36Z |
| publishDate | 2015-12-01 |
| publisher | MDPI AG |
| record_format | Article |
| series | Laws |
| spelling | doaj.art-fde936edb81e4705b3edf440c32a500c2022-12-22T03:09:27ZengMDPI AGLaws2075-471X2015-12-014480383110.3390/laws4040803laws4040803Fair and Equitable Benefit-Sharing at the Cross-Roads of the Human Right to Science and International Biodiversity LawElisa Morgera0School of Law, University of Edinburgh, Old School, South Bridge, Edinburgh EH8 9YL, UKAs 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.http://www.mdpi.com/2075-471X/4/4/803right to sciencebenefit-sharingequityinternational lawbiodiversityhuman rights |
| spellingShingle | Elisa Morgera Fair and Equitable Benefit-Sharing at the Cross-Roads of the Human Right to Science and International Biodiversity Law Laws right to science benefit-sharing equity international law biodiversity human rights |
| title | Fair and Equitable Benefit-Sharing at the Cross-Roads of the Human Right to Science and International Biodiversity Law |
| title_full | Fair and Equitable Benefit-Sharing at the Cross-Roads of the Human Right to Science and International Biodiversity Law |
| title_fullStr | Fair and Equitable Benefit-Sharing at the Cross-Roads of the Human Right to Science and International Biodiversity Law |
| title_full_unstemmed | Fair and Equitable Benefit-Sharing at the Cross-Roads of the Human Right to Science and International Biodiversity Law |
| title_short | Fair and Equitable Benefit-Sharing at the Cross-Roads of the Human Right to Science and International Biodiversity Law |
| title_sort | fair and equitable benefit sharing at the cross roads of the human right to science and international biodiversity law |
| topic | right to science benefit-sharing equity international law biodiversity human rights |
| url | http://www.mdpi.com/2075-471X/4/4/803 |
| work_keys_str_mv | AT elisamorgera fairandequitablebenefitsharingatthecrossroadsofthehumanrighttoscienceandinternationalbiodiversitylaw |