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

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  • Elisa Morgera

    (School of Law, University of Edinburgh, Old School, South Bridge, Edinburgh EH8 9YL, UK)

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.

Suggested Citation

  • Elisa Morgera, 2015. "Fair and Equitable Benefit-Sharing at the Cross-Roads of the Human Right to Science and International Biodiversity Law," Laws, MDPI, vol. 4(4), pages 1-29, December.
    • Handle: RePEc:gam:jlawss:v:4:y:2015:i:4:p:803-831:d:60949
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    References listed on IDEAS

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    1. Jasanoff, Sheila, 1988. "The Bhopal disaster and the right to know," Social Science & Medicine, Elsevier, vol. 27(10), pages 1113-1123, January.
    2. Sheila Jasanoff, 1993. "Bridging the Two Cultures of Risk Analysis," Risk Analysis, John Wiley & Sons, vol. 13(2), pages 123-129, April.
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    Cited by:

    1. Maria S. Tysiachniouk, 2020. "Disentangling Benefit-Sharing Complexities of Oil Extraction on the North Slope of Alaska," Sustainability, MDPI, vol. 12(13), pages 1-31, July.
    2. Svetlana Tulaeva & Maria Tysiachniouk, 2017. "Benefit-Sharing Arrangements between Oil Companies and Indigenous People in Russian Northern Regions," Sustainability, MDPI, vol. 9(8), pages 1-21, July.
    3. Maria Tysiachniouk & Andrey N. Petrov & Vera Kuklina & Natalia Krasnoshtanova, 2018. "Between Soviet Legacy and Corporate Social Responsibility: Emerging Benefit Sharing Frameworks in the Irkutsk Oil Region, Russia," Sustainability, MDPI, vol. 10(9), pages 1-23, September.
    4. Maria S. Tysiachniouk & Laura A. Henry & Svetlana A. Tulaeva & Leah S. Horowitz, 2020. "Who Benefits? How Interest-Convergence Shapes Benefit-Sharing and Indigenous Rights to Sustainable Livelihoods in Russia," Sustainability, MDPI, vol. 12(21), pages 1-22, October.
    5. Ilkhom Soliev & Insa Theesfeld, 2017. "Reframing for Sustainability: Exploring Transformative Power of Benefit Sharing," Sustainability, MDPI, vol. 9(8), pages 1-23, August.

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