By Francesco Francioni, Tullio Scovazzi
As with every swift technological improvement, the biotechnology revolution is placing nice lines at the skill of legislations to evolve to new demanding situations and threats. even supposing there's common contract at the have to control biotechnology in lots of assorted fields of human job (agriculture, lifestyles sciences, forensic science), family legislation is still deeply divided over the easiest method of take. This e-book is the 1st significant paintings to hide the main urgent criminal matters raised by means of the effect of biotechnologies on diverse different types of overseas norms. throughout the contribution of a pick out team of foreign students and specialists from overseas companies, the publication addresses: the foreign prestige of genetic assets, either in components of nationwide jurisdiction and in universal areas equivalent to the foreign sea mattress quarter and Antarctica; the relevance of environmental rules within the governance of contemporary biotechnologies; the influence of biotechnologies on alternate principles, together with highbrow estate legislation; the human rights implications, in particular within the box of human genetics; and the intersection among normal foreign legislations and neighborhood structures, in particular these constructed in Europe and Latin the USA.
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Extra info for Biotechnology And International Law (Studies in International Law)
On the one hand, the physical space and the resources located therein were allocated to the spheres of national jurisdiction coinciding with the territorial sovereignty of every independent state. On the other hand, space and and custom as traditional methods of international law-making both require some form of state consent, either by the express manifestation of the will to be bound in the former, or by the development of a consistent practice and the opinio iuris in the latter. It is hardly necessary to point out that these requirements entail a slow and unpredictable process of law creation that can be particularly inadequate to address the phenomenon of rapidly developing new technologies.
The main focus will be on the issues that have attracted most controversy in practice and literature: (1) who owns the patrimony of genetic resources that are the object of biotechnological development and application? (2) What is the relevance of general principles of international environmental law for the development and commercialisation of bio-engineered products and organisms? (3) Does international economic law provide a concept of justice applicable to the equitable sharing of benefits arising from the commercial biotechnological innovations and to trade in related products?
The second is the common heritage. At first sight, it might appear logical to consider genetic resources of the high seas and the international seabed as equivalent to any tangible biological resources and to subject them to the regime of freedom in analogy with fishing activities. pdf. 25 See in particular, the chapter by Footer, in this volume. 26 See the chapter by Scovazzi, in this volume. 27 See the chapters by Vigni and Guyomard, in this volume. 28 See supra n 16. 29 However, such analogies with fishing and scientific research can be quite misleading when it comes to determining the status of genetic resources beyond national jurisdiction.