This thesis examines the application of international law to the uses of agricultural crop plants termed plant genetic resources for food and agriculture. In particular, it asks the question, does international law regulate the use of plant genetic resources for food and agriculture so as to enable equity among nations in accessing these resources and sharing the benefits which arise from them? In answering this question this thesis will also consider several related issues which have arisen in the course of the international debate on this topic. These resources are closely entwined with the lives and livelihoods of certain categories of peoples such as indigenous peoples and farmers and local communities. In addition, they are critical for the economies, agricultural systems and food security of nations. The thesis question will not be considered in the abstract, but will rather be placed against the background of these issues, which will be continuously used to put the legal discourse into perspective. The legal analysis will focus on five international agreements which directly or indirectly regulate the use of crop plants. These five agreements are placed in two broad categories, i.e. environmental/conservation agreements and trade and property related agreements. The first category includes the Convention on Biological Diversity of 1992 and the International Treaty on Plant Genetic Resources for Food and Agriculture of the Food and Agriculture Organisation of 2001. The second category includes the Convention for the Protection of New Varieties of Plants of 1991, the Agreement on Trade Related Aspects of Intellectual Property Rights of 1994, and several treaties of the World Intellectual Property Organisation. In addition, since the topic raises issues of rights, certain human rights treaties and documents will also be used in the analysis. The current international conflict over plant genetic resources can be condensed into one of rights, human rights and property rights. The international treaties cited above have all contextualized the issue within a framework of property rights, setting out mechanisms for different forms of legal control of these resources. This thesis will argue that whatever the form and nature of such property rights, they cannot achieve equity in the use of crop plants. Rather the use of such rights results in violations of human rights.

This thesis analyses the struggle over rights to benefits and ownership of plant genetic resources and the global regime complex on the management of plant genetic resources, and how different regimes concerning these resources cooperate or stand in opposition to each other. Because of changes in US patent law and the establishment of TRIPS, patent claims over plant genetic resources has increased dramatically globally. This, amongst other things, in turn has lead to the acrimonious negotiations of access and benefit sharing arrangements within the framework CBD. The objective of this thesis is to examine the interaction between the international regimes regulating genetic resources and intellectual property and to analyse how these regime interactions, affect the protection of traditional knowledge held by local communities, indigenous peoples and small farmers in developing countries. The thesis concludes that it exists several regime interactions that are disruptive and undermine the possibility of protecting traditional knowledge from misappropriation. It is further concluded that modifications of the existing IPR regimes, on the disclosure of inventions, with a certificate of legal provenance, securing FPIC, MAT and benefit sharing, may serve as one brick in the wall that protect traditional knowledge from misappropriation through wrongly granted patents. But a certificate of legal provenance will not do the work alone. To protect traditional knowledge associated with genetic resources in the long term bio-cultural solutions which sustains the entire community where traditional knowledge is embedded is needed.

Thesis (doctoral)--Swedish University of Agricultural Sciences, 2001. / Thesis statement in Swedish and English abstract inserted. Based on 4 previously prepared or published papers reprinted here. Includes bibliographical references.

Thesis (M. Sc.)--University of Stellenbosch, 2002. / Includes bibliographical references. Also available via the Internet.

Thesis (Ph. D.)--University of Oregon, 2002. / Typescript. Includes vita and abstract. Includes bibliographical references (leaves 174-182).

Thesis (M.Tech.: Biotechnology)-Dept. of Biotechnology and Food Technology, Durban University of Technology, 2007 iv, 75 leaves / The development of transgenic plants resulted in the need to utilize the various molecular methods (e.g., ELISA, real - time PCR etc.) for the detection or analysis of the presence or absence of a specific trait in a particular plant (Bt in this study). The overall aim of this study was to optimize a half – seed extraction technique as part of a laboratory protocol for transgenic maize plants and to explore the possibility of using the following molecular techniques: horizontal isoelectric focusing, real - time PCR and ELISA, as methods for detection of the Bt trait for incorporation into the half – seed extraction protocol.

No abstract available. / Thesis (Ph.D.)-University of Durban-Westville, 1999.

Consider this: South Africa recently became the first country in the world to commercially release genetically engineered maize for human consumption. In contrast to the cautionary approach adopted by other African countries, South Africa has one of the fastest growth rates in genetically engineered crop cultivation worldwide, almost doubling the number of hectares of the country now planted with genetically engineered crops since 2001. Owing to the genetic engineering revolution in our food, it is no wonder that people are becoming more concerned about the food on their plates than ever before. It is essential that people consuming genetically engineered food become aware of who is benefiting and who is not benefiting from the biotechnological industry, by understanding the risks to health, the environment and the economy. If the food that consumers purchase is genetically engineered, consumers should have the right to know and make that choice to either purchase or avoid genetically engineered food. This topic is pertinent in South Africa, as the government has clearly decided that genetically engineered food is part of our future and, to date, the labelling of GE food is not mandatory. / Thesis (LL.M.)-University of Natal, Durban, 2003.

Thesis (Ph. D.)--University of Hawaii at Manoa, 1995. / Includes bibliographical references (leaves 104-124). / Microfiche. / xii, 124 leaves, bound photos. 29 cm

Thesis (Ph. D.) -- Lincoln University, 2007. / Also available via the World Wide Web.