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Biotechnology And International Law (Studies in by Francesco Francioni, Tullio Scovazzi

By Francesco Francioni, Tullio Scovazzi

As with all swift technological improvement, the biotechnology revolution is placing nice traces at the skill of legislations to conform to new demanding situations and threats. even though there's common contract at the have to control biotechnology in lots of varied fields of human job (agriculture, lifestyles sciences, forensic science), household legislations continues to be deeply divided over the easiest method of take. This e-book is the 1st significant paintings to hide the main urgent criminal matters raised via the impression of biotechnologies on diverse different types of overseas norms. in the course of the contribution of a choose crew of foreign students and specialists from overseas businesses, the ebook addresses: the foreign prestige of genetic assets, either in parts of nationwide jurisdiction and in universal areas equivalent to the overseas sea mattress sector and Antarctica; the relevance of environmental ideas within the governance of contemporary biotechnologies; the impression of biotechnologies on alternate ideas, together with highbrow estate legislations; the human rights implications, particularly within the box of human genetics; and the intersection among normal foreign legislations and nearby structures, particularly these constructed in Europe and Latin the United States.

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By this expression we mean that biogenetic material contained in plants and animals located in the territory of a state is to be deemed subject to the sovereignty of that state. By virtue of this principle every state is free to regulate access to those resources by private or public firms operating in the field of biotechnology. However, this freedom is counterbalanced by the basic requirement that it be exercised in a manner so as to facilitate access to genetic resources for sustainable development and environmentally sound use.

The Common Heritage Regime (a) The sea and seabed Although most genetic resources are located in areas subject to state sovereignty, today, an increasing variety of such resources is found in organisms which live in spaces beyond national jurisdiction. 27 Since in these areas there is no state sovereignty or, at least, no generally recognised sovereignty, the question arises as to what is the applicable legal regime to determine the status of genetic resources found therein. 28 However, two legal options can be found in customary international law.

4/2003/98, 10 Feb 2003, with Annex; Report of the Expert Consultation on Human Rights and Biotechnology, Geneva, 24–25 Jan 2002); UN Commission on Human Rights, Sub-Commission in Prevention of discrimination and Protection of Minotities, Working Group on Indigenous Population, Human Genome Diversity Research and Indigenous Peoples, 4 June1998, doc. 4/1998/4. 5 For a balanced approach, advocating national and international regulation of biotechnologies, although within a liberal perspective, see Fukuyama, Our Posthuman Future (New York, 2002), especially ch 10, 11 and 12.

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