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A biodiversidade constitui o pilar de sustentação da civilização humana. No entanto, sua manutenção é constantemente ameaçada pelo próprio homem, em face do modo de produção no qual as economias mundiais se baseiam. Conseqüentemente, tornou-se necessário transformar a biodiversidade em um bem jurídico, a fim de regulamentar seu uso, o que foi feito por meio da Convenção da Diversidade Biológica (CDB). Esta reconhece a soberania dos países signatários sobre a diversidade biológica e cultural presente em seus territórios e a importância da conservação dos recursos naturais e genéticos, por meio da criação e implementação de um sistema de unidades de conservação, proteção dos conhecimentos e práticas tradicionais das comunidades locais, dentre outras formas. Estabelece as diretrizes para tal, assegurando a repartição justa e equitativa dos benefícios gerados pelo uso destes recursos. Ao apresentar as principais políticas públicas implementadas pelo Brasil referentes à conservação da diversidade biológica e tomando por base, especificamente, a criação e implementação de uma área protegida dentro do Sistema Nacional de Unidades de Conservação, este trabalho discute se a criação de reservas extrativistas representa uma alternativa viável à conservação da diversidade biológica e, conseqüentemente, à conservação do estilo de vida das comunidades tradicionais no Brasil. Partindo-se, então, do texto da CDB, discute também se é uma alternativa viável para que o Brasil cumpra seus compromissos junto à CDB. A análise da criação e implementação da Reserva Extrativista do Baixo Juruá, como estudo de caso, comprova que a criação desta categoria de unidade de conservação apresenta-se como uma alternativa bastante válida para a conservação da diversidade biológica e do modo de vida dos moradores de comunidades tradicionais, principalmente para a região Amazônica, como no caso apresentado. / Biodiversity is the mainstream of human civilization. However, its conservation is constantly threatened by mankind and their world production-based economy. It has therefore become necessary to transform biodiversity into an international law wellbeing to regulate its use. This has been achieved by the Biological Diversity Convention (BDC). The BDC recognizes allied countries\' independent right over their own biological and cultural diversity. It also conceives the importance of natural and genetic resources conservation by means of implementing a system of Conservational Units, as well as by the protection of traditional knowledge and practices of local communities among others. The Convention establishes guidelines to achieve these goals, always assuring a fair and equal share of all the benefits obtained from the use of the resources. This paper presents the main public policies implemented in Brazil for the conservation of biodiversity, more specifically the creation and implementation of a protected area as part of the Brazilian National Conservation Unit System. It looks into the feasibility and efficacy of creating an Extractivist Conservation Unit System regarding biodiversity and traditional communities\' lifestyle protection in Brazil according to the BDC established guidelines and goals. The Baixo Juruá Extractivist Conservation Unit is particularly analyzed, focusing on its creation and implementation. This analysis concludes that such category of Conservational Unit comprises a feasible strategy for biodiversity and traditional communities\' lifestyle protection, especially concerning the Amazon.

<p>There is a growing interplay of competing realities facing the international community in the general areas of innovation, technological advancement and overall economic development. The highly industrialised wealthy nations, largely located on the Northern hemisphere are on the one hand undoubtedly at the forefront in global research, technology and infrastructure development. The developing and least developed countries on the other hand are mostly situated on the Southern hemisphere. They are not as wealthy or technologically advanced as their&nbsp / Northern counterparts, but are naturally endowed with unique variations of plant, animal and micro-organism species occurring in natural ecosystems, as well as the traditional knowledge on&nbsp / how to use these unique species. This knowledge has been adjudged to be responsible for the sustainable maintenance of the earth&rsquo / s biodiversity. Increasing exploitation of biodiversity,&nbsp / spurred on by the competing realities identified above, has left the earth in a present state of alarm with respect to the uncontrolled loss of biodiversity. The traditional knowledge of local&nbsp / peoples has significantly offered leads to research institutes from the North in developing major advancements in drugs, cosmetics and agriculture. Little or no compensation has however been seen to go back to the indigenous&nbsp / communities and countries that provide resources, and indicate various possibilities through their traditional knowledge to the use of such resources. Efforts by some biodiversity rich countries to&nbsp / ddress this trend through legislation developed in accordance with the principles of the Convention on Biological Diversity have been frustrated due to the inability to enforce their domestic laws outside their borders. Theft of genetic resources and its associated traditional knowledge&nbsp / from such countries has therefore remained a major challenge. Against this backdrop, and on the&nbsp / insistence of biodiversity-rich developing countries, an international regime on access and benefit sharing was negotiated and its final text adopted in 2010. This international regime is as&nbsp / contained in the Nagoya Protocol. This research sets out to examine whether the Nagoya Protocol offers a final solution to the protection of traditional knowledge associated with biodiversity in&nbsp / biodiverse countries. It further examines the importance of domestic legislation in achieving the objectives of the Protocol. The research has been tailored to African biodiverse countries, and&nbsp / seeks these answers within the context of Africa.<br /> &nbsp / </p>

During negotiating process of drawing up global environmental conventions or protocols, negotiating parties to form different negotiation coalitions can be observed. However, few existing academic literature or studies have taken a systematic approach to explore the elements that contribute to the formation of these coalitions and to the changes of coalitions in the middle stage of negotiating process. Through examining the negotiating process of several selected conferences for the establishment of global environmental treaties which are representative in nature and from different international environmental domains, this study is to find the core elements and sub-elements which contribute to the formation of negotiation coalitions. This study shows that the composition of negotiation coalitions is dynamic. The timing of reorganizing the negotiating coalitions falls on the stage in which negotiation proceeds from principle issues to substantive ones. In other words, when the issues under negotiation begin to involve legally binding substantive commitments to State parties, the reorganization of negotiation coalitions emerges. Furthermore, this study also finds that common elements do exist in the formation of negotiation coalitions. The core elements are ¡§the source of threat¡¨ and ¡§enhanceing the influence of a State¡¨; they are not affected by the change of negotiating issues. The other two sub-elements are: ¡§the same experience of participating in the same international organizations¡¨, the factor for forming negotiation coalitions during the stage of negotiation on principle issues, and ¡§domestic economic structure¡¨ during the stage of substantive issues negotiation for the formation of negotiation coalitions.

The Convention on Biological Diversity (CBD) significantly enhanced the scope and potential effectiveness of the international legal regime for the conservation of biological diversity world wide together with the sustainable use of its components. It goes beyond the conservation of biological conservation per se and comprehends such diverse issues as sustainable use of biological resources, access to genetic resources, the sharing of benefits derived from the use of genetic material and technology, including biotechnology. The CBD has three objectives, which are the conservation of biological diversity, secondly the sustainable use of its components and thirdly the fair and equitable sharing of benefits arising out of the utilisation of genetic resources. The third objective includes the sharing of benefits by means of appropriate access to genetic resources and by appropriate transfer of relevant technologies, taking into account all rights over such resources and technologies as well as appropriate funding. As part of the process of achieving these goals, the CBD establishes a new international framework for access to genetic resources and the sharing of benefits from their use. In addition to its conservation measures, the CBD is also an economic treaty in the sense that it develops and regulates the ongoing exchange of genetic resources and, in particular, the emerging trade in biotechnology. During the negotiations of the CBD the concept of the trade in biotechnology dominated much of the discussions surrounding the Convention. This was the cause of deep differences between the technologically rich north and the biodiversity rich south. It was and still is apparent that developed countries, or corporate companies in these countries, exploit natural recourses only found in developing countries, without sharing the resulting proceeds. It is shown that uneven distribution of natural, technological and economic resources occur in relationships between the northern hemisphere and its southern counterpart. It is a well-known fact that the northern hemisphere is financially and technologically superior to its southern counterpart. Intellectual property rights ("IPR"), with specific reference to patent law, enables developed countries andlor companies in those countries to exploit this economic discrepancy. Developed countries accordingly acquire biological recourses and exploit them with resulting benefits thereby circumventing the sharing of such benefits through IPR systems. Benefits are thereby withheld from developing countries that provide such genetic recourses. The author will mainly focus on the question that arises as to how the CBD addresses benefit sharing in the light of the differences between the northern developed- and southern developing countries. South Africa will be studied as an example of a developing country that incorporated the provisions of the CBD in its national legislation as it promulgated the National Environmental Management: Biodiversity Act (BDA), which embodies the guidelines and principles for bioprospecting and benefit sharing, captured in the CBD and the Cartagena Protocol. The provisions contained in the BDA will be used as a practical example of the application of the CBD in the municipal law of developing countries. / Thesis (LL.M. (Import and Export Law))--North-West University, Potchefstroom Campus, 2007.

<p>There is a growing interplay of competing realities facing the international community in the general areas of innovation, technological advancement and overall economic development. The highly industrialised wealthy nations, largely located on the Northern hemisphere are on the one hand undoubtedly at the forefront in global research, technology and infrastructure development. The developing and least developed countries on the other hand are mostly situated on the Southern hemisphere. They are not as wealthy or technologically advanced as their&nbsp / Northern counterparts, but are naturally endowed with unique variations of plant, animal and micro-organism species occurring in natural ecosystems, as well as the traditional knowledge on&nbsp / how to use these unique species. This knowledge has been adjudged to be responsible for the sustainable maintenance of the earth&rsquo / s biodiversity. Increasing exploitation of biodiversity,&nbsp / spurred on by the competing realities identified above, has left the earth in a present state of alarm with respect to the uncontrolled loss of biodiversity. The traditional knowledge of local&nbsp / peoples has significantly offered leads to research institutes from the North in developing major advancements in drugs, cosmetics and agriculture. Little or no compensation has however been seen to go back to the indigenous&nbsp / communities and countries that provide resources, and indicate various possibilities through their traditional knowledge to the use of such resources. Efforts by some biodiversity rich countries to&nbsp / ddress this trend through legislation developed in accordance with the principles of the Convention on Biological Diversity have been frustrated due to the inability to enforce their domestic laws outside their borders. Theft of genetic resources and its associated traditional knowledge&nbsp / from such countries has therefore remained a major challenge. Against this backdrop, and on the&nbsp / insistence of biodiversity-rich developing countries, an international regime on access and benefit sharing was negotiated and its final text adopted in 2010. This international regime is as&nbsp / contained in the Nagoya Protocol. This research sets out to examine whether the Nagoya Protocol offers a final solution to the protection of traditional knowledge associated with biodiversity in&nbsp / biodiverse countries. It further examines the importance of domestic legislation in achieving the objectives of the Protocol. The research has been tailored to African biodiverse countries, and&nbsp / seeks these answers within the context of Africa.<br /> &nbsp / </p>

The Convention on Biological Diversity (CBD) significantly enhanced the scope and potential effectiveness of the international legal regime for the conservation of biological diversity world wide together with the sustainable use of its components. It goes beyond the conservation of biological conservation per se and comprehends such diverse issues as sustainable use of biological resources, access to genetic resources, the sharing of benefits derived from the use of genetic material and technology, including biotechnology. The CBD has three objectives, which are the conservation of biological diversity, secondly the sustainable use of its components and thirdly the fair and equitable sharing of benefits arising out of the utilisation of genetic resources. The third objective includes the sharing of benefits by means of appropriate access to genetic resources and by appropriate transfer of relevant technologies, taking into account all rights over such resources and technologies as well as appropriate funding. As part of the process of achieving these goals, the CBD establishes a new international framework for access to genetic resources and the sharing of benefits from their use. In addition to its conservation measures, the CBD is also an economic treaty in the sense that it develops and regulates the ongoing exchange of genetic resources and, in particular, the emerging trade in biotechnology. During the negotiations of the CBD the concept of the trade in biotechnology dominated much of the discussions surrounding the Convention. This was the cause of deep differences between the technologically rich north and the biodiversity rich south. It was and still is apparent that developed countries, or corporate companies in these countries, exploit natural recourses only found in developing countries, without sharing the resulting proceeds. It is shown that uneven distribution of natural, technological and economic resources occur in relationships between the northern hemisphere and its southern counterpart. It is a well-known fact that the northern hemisphere is financially and technologically superior to its southern counterpart. Intellectual property rights ("IPR"), with specific reference to patent law, enables developed countries andlor companies in those countries to exploit this economic discrepancy. Developed countries accordingly acquire biological recourses and exploit them with resulting benefits thereby circumventing the sharing of such benefits through IPR systems. Benefits are thereby withheld from developing countries that provide such genetic recourses. The author will mainly focus on the question that arises as to how the CBD addresses benefit sharing in the light of the differences between the northern developed- and southern developing countries. South Africa will be studied as an example of a developing country that incorporated the provisions of the CBD in its national legislation as it promulgated the National Environmental Management: Biodiversity Act (BDA), which embodies the guidelines and principles for bioprospecting and benefit sharing, captured in the CBD and the Cartagena Protocol. The provisions contained in the BDA will be used as a practical example of the application of the CBD in the municipal law of developing countries. / Thesis (LL.M. (Import and Export Law))--North-West University, Potchefstroom Campus, 2007.

This thesis explores the location and nature of the power that is deepening and broadening the revolution in modern biotechnologies, and which is inherent in the global governance of one type of genetic resource — plant genetic resources. Plant genetic resources are of increasing importance within the global political economy and ecology because of the power/knowledge networks contributing to, and responding to developments in the biotechnology sector, and concerned with the rampant erosion of biological diversity. The thesis argues that transnational norms, values and knowledge are important aspects of power. Discursive power, and particularly the power inherent in discourses of sustainable development, security and human rights, are a central focus of the thesis. The thesis challenges realist, neo-realist and other structural analyses of power which focus on relative distributions of power at the level of individual states or at the global level.

This thesis explores the location and nature of the power that is deepening and broadening the revolution in modern biotechnologies, and which is inherent in the global governance of one type of genetic resource — plant genetic resources. Plant genetic resources are of increasing importance within the global political economy and ecology because of the power/knowledge networks contributing to, and responding to developments in the biotechnology sector, and concerned with the rampant erosion of biological diversity. The thesis argues that transnational norms, values and knowledge are important aspects of power. Discursive power, and particularly the power inherent in discourses of sustainable development, security and human rights, are a central focus of the thesis. The thesis challenges realist, neo-realist and other structural analyses of power which focus on relative distributions of power at the level of individual states or at the global level.

Magister Legum - LLM (Mercantile and Labour Law) / Traditional Knowledge (TK) has previously been considered a 'subject' in the public domain, unworthy of legal protection. However, the last few decades have witnessed increased discussions on the need to protect the knowledge of indigenous peoples for their economic sustenance, the conservation of biodiversity and modern scientific innovation. Questions remain as to how TK can best be protected through existing, adapted or sui generis legal frameworks. Based on an examination of the formal knowledge-protection mechanisms (i.e. the existing intellectual property system), this mini-thesis contends that these existing systems are inadequate for protecting TK. As a matter of fact, they serve as veritable platforms for incidences of biopiracy. It further argues that the many international initiatives designed to protect TK have so far failed owing to inherent shortcomings embedded in them. Furthermore, a comparative assessment of several national initiatives (in New Zealand, South Africa and Kenya) supports an understanding that several domestic efforts to protect TK have been rendered ineffective due to the insurmountable challenge of dealing with the international violations of local TK rights. It is therefore important that on-going international negotiations for the protection of TK, including the negotiations within the World Intellectual Property Organisation's Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC), do not adopt similar approaches to those employed in previous initiatives if TK must be efficiently and effectively protected. This mini-thesis concludes that indigenous peoples possess peculiar protection mechanisms for their TK within the ambit of their customary legal systems and that these indigenous mechanisms are the required anchors for effective global protections.