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.The views expressed in this publication do not necessarily reflect those of IUCN or BMZ. This publication has been made possible in part by funding from BMZ.
Nyasha Chishakwe 4.1 The southern Africa context 4.1.1 Status of biodiversity in southern Africa 4.1.1.1 Socio-economic status of southern Africa 4.1.1.2 Significance of ABS to biodiversity conservation 4.1.2 ABS in southern Africa 4.2 Implementing and applying ABS 4.2.1 The most pressing law and practice issues 4.2.1.1 Coverage: What are genetic resources? 4.2.1.2 Basic issues of property and contract law 4.2.1.3 Law that must underlie any contract 4.2.1.4 Other contract issues: Prior Informed Consent (PIC) and Mutually Agreed Terms (MAT) 4.2.1.5 Enhancing bargaining power and understanding in ABS agreements and negotiations 4.2.1.6 Valuation 4.2.1.7 Genetic resources found in many countries or communities -genetic resources as property and intellectual property 4.3 Major pressing issues in the SADC sub-region 4.3.1 Problems with current ABS systems 4.3.1.1 Mutually agreed terms 4.3.1.2 Prior informed consent 4.3.1.3 Equitable benefit sharing 4.3.1.4 Intellectual property rights of local communities 4.3.2 Implementation problems in an ITPGRFA-based ABS system 4.3.2.1 Capacity 4.3.2.2 Developmental concerns versus ABS 4.3.2.3 Intellectual property rights 4.4 Next steps 4.4.1 International regime development 4.4.2 Sub-regional regime development 4.4.3 Non-governmental activities and support 4.5 Recommendations5 Biodiversity Access and Benefit Sharing in Arid Countries and those with Low Diversity and High Endemism Rachel Wynberg 5.1 Introduction 5.2 Characteristics of low diversity and/or arid countries and those with high endemism 5.3 Commercial activities in arid/low diversity countries vii 5.4 Policy responses to ABS in low diversity and/or arid countries and those with high endemism 5.5 Key ABS issues and needs 5.5.1 Governance in remote areas 5.5.2 Land tenure and ownership 5.5.3Overlapping responsibilities and coordination 5.5.4Shared resources and regional approaches 5.5.5Adding value, research and development 5.5.6Integrating ABS into development priorities 5.6 Conclusions and recommendations
6Two Case Studies in Africa 6.1 Case study 1: ABS in Burkina Faso Amidou Garané 6.1.1 Overview of the biological, social and institutional characteristics of Burkina Faso 6.1.2 The relevance of access and benefit sharing to Burkina Faso 6.1.2.1 Extent of bioprospecting 6.1.2.2 Hurdles encountered in implementing ABS 6.1.2.3 ABS needs of Burkina Faso 6.1.3 Conclusions and recommendations 6.2 Case study 2: ABS in Lebanon Walid Nasser and Lina Haidar 6.2.1 Biological, social and institutional characteristics of Lebanon 6.
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