Fair and equitable benefit-sharing is a diffuse legal phenomenon in international law that has elicited little investigation with regard to its nature, extent and implications. It has been mostly studied as the cornerstone of the international legal regime on bioprospecting (research and innovation based on genetic resources). 1 But, under the radar, a growing number of international legal materials refer to "benefit-sharing" with regard to natural resource use (extractive activities, 2 forest 3 and water 4 management, tourism, 5 the use of marine resources, 6 land use and food production), 7 environmental protection (biodiversity conservation 8 and the fight against climate change 9 ), and the use of knowledge. 10 Concrete benefits to be shared have been identified as both monetary and non-monetary ones, such as revenue, information, 1 Such an "international regime" has been identified as comprising: Convention on Biological Diversity (CBD), the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity, the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGR), and the Bonn Guidelines on Access to Genetic Resources and Fair and Equitable Sharing of the Benefits Arising out of their Utilization (CBD Decision X/1 (2010), preambular para 6). Specialist legal scholarship is abundant: eg,
After over a decade of international efforts to include the ocean in the policy discussions at the United Nations Framework Convention on Climate Change (UNFCCC) annual Conference of the Parties (COP), the ocean has finally been included by, inter alia, a reference to ‘ocean-based action’ in a series of COP outcomes, notable among which is the cover decisions known as the ‘Glasgow Climate Pact’. This article provides the necessary background to the inclusion of the ocean in COP26 outcomes, including the Pact, and examines key issues, impacts and shortfalls of the Pact and other COP26 outcomes, including mitigation, adaptation, finance and human rights. It concludes with suggestions for priority research areas moving forward.
Environmental provisions are included into bilateral trade agreements in increasingly creative ways. This article offers an initial exploration of the policy and legal dimensions of environmental provisions included in recent bilateral trade agreements concluded by the United States and by the European Union. Based primarily on a coding analysis of the environmental provisions contained in American and EU trade agreements since the mid-2000s, the article illuminates the variable characteristics of these environmental provisions, including the different approaches of the UnitedStates and the EU (punitive versus cooperative) to their implementation. The article pays particular attention to the unprecedented links that these treaties create with multilateral environmental agreements. It concludes with a discussion of avenues for future research, including approaches that are comparative and interdisciplinary in nature.
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