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Article
Publication date: 15 June 2012

Lekha Laxman and Abdul Haseeb Ansari

The purpose of this paper is to analyse the interface between the Trade Related Aspects of Intellectual Property Rights Agreement (TRIPS) and the Convention on Biological…

1070

Abstract

Purpose

The purpose of this paper is to analyse the interface between the Trade Related Aspects of Intellectual Property Rights Agreement (TRIPS) and the Convention on Biological Diversity (CBD), to determine measures available to the global community to resolve the conflict between them, in order to prevent the rapid loss of biodiversity despite the diverse interests of nations.

Design/methodology/approach

Within the framework of sustainability, this paper adopts a socio‐legal approach by undertaking a content analysis of the relevant treaties and juristic writings that sheds light on the existing matrix of interaction between the two legal instruments.

Findings

The findings reveal that there is an urgent need to review all the instruments, particularly in the area of trade, intellectual property and conservation of biodiversity that causally influence the people's freedoms and capabilities in the said areas. To overcome the range of these surmountable barriers, a comprehensive approach to development is required, i.e. an all‐encompassing functional relation amalgamating distinct development concerns in relevant spheres, especially in economic matters.

Practical implications

The paper explores the changes that need to be incorporated in the TRIPS and CBD in order to develop an appropriate normative framework with regards to property in genetic material.

Social implications

The research provides amicable solutions that can be explored particularly by the providers of genetic resources, in order to overcome the monumental challenges during the joint implementation of TRIPS and the CBD.

Originality/value

The comprehensive review undertaken in this paper enables the stakeholders to explore measures that enable sustainable development without jeopardizing Earth's biodiversity.

Article
Publication date: 13 September 2011

Lekha Laxman and Abdul Haseeb Ansari

This paper seeks to provide an in‐depth discussion on the impact of agricultural biotechnology in developing and least developed countries (LDCs) as well as the…

2743

Abstract

Purpose

This paper seeks to provide an in‐depth discussion on the impact of agricultural biotechnology in developing and least developed countries (LDCs) as well as the concomitant biosafety concerns that might have an impact on trade and the environment whilst highlighting the importance of choosing development pathways that are conducive to the specific needs of these nations without endangering the biodiversity and affecting people's health.

Design/methodology/approach

The paper adopts a socio‐legal approach by undertaking a content analysis of decided cases, relevant treaties and existing studies conducted in areas related to agricultural biotechnology within the framework of sustainable development imperatives.

Findings

The paper suggests that developing countries venturing into agricultural biotechnology need to enrich the technology according to their needs and capabilities in order to be able to weigh the benefits against the risks in the production and import of genetically modified organisms (GMOs) specifically via the implementation of the “precautionary principle” and viable “risk assessment” techniques which conform to their existing international law obligations in view of the findings that most of these nations have not formulated adequate legal and institutional frameworks supported with the necessary expertise to regulate, monitor, and ensure safety of agricultural GMOs produced and/or imported by them.

Practical implications

The issues and suggestions in this paper will enable the development process of developing and least developed economies to conform to the tenets of sustainable development and minimize the loss of Earth's biodiversity.

Originality/value

The paper is of practical use to stakeholders and policymakers alike venturing into agricultural biotechnology. It pools the findings of a cross‐section of studies to look at the implications therein and the arising biosafety and trade issues with special reference to developing and LDCs.

Details

Journal of International Trade Law and Policy, vol. 10 no. 3
Type: Research Article
ISSN: 1477-0024

Keywords

Content available
Article
Publication date: 11 March 2014

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