O presente estudo tem como objetivo analisar através de um estudo de caso os impactos socioambientais locais decorrentes de dois acordos comerciais para o acesso aos recursos genéticos e participação nos benefícios entre uma empresa de cosméticos e um grupo de pequenos produtores rurais da região do Vale do Ribeira-SP. Embora acordos entre empresas privadas e comunidades locais para a utilização comercial de componentes da biodiversidade venham sendo estimulados atualmente como forma de conciliar o uso sustentável dos recursos naturais com desenvolvimento local, alguns estudos têm demonstrado que, além de benefícios, tais acordos podem ter efeitos socioambientais negativos sobre as condições locais em que são estabelecidos. No Brasil, desde 2001, vigora a Medida Provisória 2.186-16/01 que regulamenta a Convenção sobre Diversidade Biológica (CDB) no país instituindo normas para o acesso a componentes do patrimônio genético e aos conhecimentos tradicionais associados. Tais normas baseiam-se, fundamentalmente, na anuência prévia e na repartição de benefícios junto a seus provedores. Apesar da existência desses instrumentos jurídicos, ainda pouco se sabe a respeito de sua aplicação prática e de seus impactos locais. A partir de técnicas qualitativas (entrevistas semiestruturadas, observação participante e análise documental) ao longo de um ano foram levantados dados a respeito do estabelecimento de dois acordos para a utilização de recursos genéticos para fins comerciais e de seus efeitos sobre: (i) a geração e distribuição de renda; (ii) a infraestrutura local e acesso à tecnologia; (iii) a organização social e; (iv) o uso dos recursos naturais locais (i.e. solo, recursos vegetais e hídricos). Os resultados mostraram impactos positivos diretos sobre a geração de renda e sobre o acesso à tecnologia e infraestrutura local. A respeito da organização social do grupo, a falta de uma plataforma para ação coletiva e seu reconhecimento jurídico são obstáculos à maior participação e à sua autonomia. Os impactos diretos e indiretos sobre uso dos recursos naturais observados foram: transformações no uso do solo através do aumento de espécies cultivadas, da redução de áreas com cultivos ou criações de animais para subsitência e da mudança no manejo e nos insumos empregados e; transformações no uso dos recursos vegetais através do aumento da extração da espécie alvo, no primeiro acordo, e do consumo de madeira para lenha, no segundo. Embora a realização de acordos comerciais para a utilização da biodiversidade tenha apresentado potencial para contribuir para o desenvolvimento local e para a conservação da biodiversidade, a realização de novos estudos em diferentes contextos se faz necessária para um maior entendimento de correlações e possíveis trade-offs entre fatores sociais e ambientais. / The aim of this study is to analyze local socio-environmental impacts resulting from two commercial agreements for the access to genetic resources and benefit sharing between a cosmetic company and a group of smallholders from Vale do Ribeira-SP region. Although agreements between private companies and local communities for the commercial use of biodiversity components have been encouraged today as a way to conciliate the sustainable use of natural assets with local development, some studies have demonstrate that beyond of its benefits, these agreements may have negative socio-environmental effects on local conditions where it was established. In Brazil, since 2001, the Provisional Executive Order 2.186-16/01 which regulates the Convention of Biological Diversity in country establishing rules for the access to genetic resources and traditional knowledge was released. These rules are fundamentally based on the prior acceptance and benefit sharing along with its providers. Despite the existence of those juridical tools, yet little is known about its practice enforcement and its local impacts. Qualitative techniques (semi-structured interviews, participant observation and documental analysis) were adopted to gather data about the establishment of two commercial agreements for the use of genetic resources and its effects on: (i) income generation and distribution; (ii) local infrastructure and access to technology; (iii) social organization and; (iv) use of local natural assets (i.e. soil, water and vegetable resources). The results show positive direct impacts on income generating, local infrastructure and access to technology. About the social organization of the involved group, the lack of one platform for collective action just as legal acknowledgement are both drawbacks to effective participation of its members and their greater autonomy. As regards environmental impacts it was observed: transformations in land use by increase of cultivating species, reduction of areas occupied by subsistence cultures or animal husbandry, changes in applied handling and raw materials and; transformations in the use of vegetable resources by the raise of target specie, in the first agreement, and by the increase of firewood consume, in second one. On the one hand, the realization of commercial agreements shows oneself to be a possible manner to contribute to local development and to biodiversity conservation. In the other hand, we still need new studies in different contexts for a better understanding of the correlations and trade-offs between social and environmental factors.

O presente estudo tem como objetivo analisar através de um estudo de caso os impactos socioambientais locais decorrentes de dois acordos comerciais para o acesso aos recursos genéticos e participação nos benefícios entre uma empresa de cosméticos e um grupo de pequenos produtores rurais da região do Vale do Ribeira-SP. Embora acordos entre empresas privadas e comunidades locais para a utilização comercial de componentes da biodiversidade venham sendo estimulados atualmente como forma de conciliar o uso sustentável dos recursos naturais com desenvolvimento local, alguns estudos têm demonstrado que, além de benefícios, tais acordos podem ter efeitos socioambientais negativos sobre as condições locais em que são estabelecidos. No Brasil, desde 2001, vigora a Medida Provisória 2.186-16/01 que regulamenta a Convenção sobre Diversidade Biológica (CDB) no país instituindo normas para o acesso a componentes do patrimônio genético e aos conhecimentos tradicionais associados. Tais normas baseiam-se, fundamentalmente, na anuência prévia e na repartição de benefícios junto a seus provedores. Apesar da existência desses instrumentos jurídicos, ainda pouco se sabe a respeito de sua aplicação prática e de seus impactos locais. A partir de técnicas qualitativas (entrevistas semiestruturadas, observação participante e análise documental) ao longo de um ano foram levantados dados a respeito do estabelecimento de dois acordos para a utilização de recursos genéticos para fins comerciais e de seus efeitos sobre: (i) a geração e distribuição de renda; (ii) a infraestrutura local e acesso à tecnologia; (iii) a organização social e; (iv) o uso dos recursos naturais locais (i.e. solo, recursos vegetais e hídricos). Os resultados mostraram impactos positivos diretos sobre a geração de renda e sobre o acesso à tecnologia e infraestrutura local. A respeito da organização social do grupo, a falta de uma plataforma para ação coletiva e seu reconhecimento jurídico são obstáculos à maior participação e à sua autonomia. Os impactos diretos e indiretos sobre uso dos recursos naturais observados foram: transformações no uso do solo através do aumento de espécies cultivadas, da redução de áreas com cultivos ou criações de animais para subsitência e da mudança no manejo e nos insumos empregados e; transformações no uso dos recursos vegetais através do aumento da extração da espécie alvo, no primeiro acordo, e do consumo de madeira para lenha, no segundo. Embora a realização de acordos comerciais para a utilização da biodiversidade tenha apresentado potencial para contribuir para o desenvolvimento local e para a conservação da biodiversidade, a realização de novos estudos em diferentes contextos se faz necessária para um maior entendimento de correlações e possíveis trade-offs entre fatores sociais e ambientais. / The aim of this study is to analyze local socio-environmental impacts resulting from two commercial agreements for the access to genetic resources and benefit sharing between a cosmetic company and a group of smallholders from Vale do Ribeira-SP region. Although agreements between private companies and local communities for the commercial use of biodiversity components have been encouraged today as a way to conciliate the sustainable use of natural assets with local development, some studies have demonstrate that beyond of its benefits, these agreements may have negative socio-environmental effects on local conditions where it was established. In Brazil, since 2001, the Provisional Executive Order 2.186-16/01 which regulates the Convention of Biological Diversity in country establishing rules for the access to genetic resources and traditional knowledge was released. These rules are fundamentally based on the prior acceptance and benefit sharing along with its providers. Despite the existence of those juridical tools, yet little is known about its practice enforcement and its local impacts. Qualitative techniques (semi-structured interviews, participant observation and documental analysis) were adopted to gather data about the establishment of two commercial agreements for the use of genetic resources and its effects on: (i) income generation and distribution; (ii) local infrastructure and access to technology; (iii) social organization and; (iv) use of local natural assets (i.e. soil, water and vegetable resources). The results show positive direct impacts on income generating, local infrastructure and access to technology. About the social organization of the involved group, the lack of one platform for collective action just as legal acknowledgement are both drawbacks to effective participation of its members and their greater autonomy. As regards environmental impacts it was observed: transformations in land use by increase of cultivating species, reduction of areas occupied by subsistence cultures or animal husbandry, changes in applied handling and raw materials and; transformations in the use of vegetable resources by the raise of target specie, in the first agreement, and by the increase of firewood consume, in second one. On the one hand, the realization of commercial agreements shows oneself to be a possible manner to contribute to local development and to biodiversity conservation. In the other hand, we still need new studies in different contexts for a better understanding of the correlations and trade-offs between social and environmental factors.

<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 main argument of this thesis is that Turkey, Syria and Iraq can solve their disagreements about water allocation, if these countries can develop broader cooperation framework comprising other water related development sectors such as energy, agriculture, health, environment industry, trade and transportation. Within this context, the key questions that should be raised are, &ldquo / what is the theoretical framework related to solving water issue, what are the relations and developments among the riparians concerning water problem, can the cooperative cases such as the Nile Basin Initiative and the South African Development Community be example for the cooperative efforts in the Euphrates-Tigris River Basin, how have the political and economic relations developed since the 1990s among the riparian countries of the Euphrates-Tigris river basin?&rdquo / Accordingly the thesis contains four main parts. The first chapter will be setting of a theoretical framework related to solving the water problem in the region. In the second part of the study, water problem among Turkey, Iraq and Syria will be evaluated in general through historical analysis of the water negotiations and positions of the riparians. In the third part, basic approach in studying this subject is to draw lessons from cooperative cases such as the Nile Basin Initiative and the South African Development Community. The last chapter will be the analyses of Turkish-Syrian and Turkish-Iraqi relations focusing on the water related development sectors such as energy, agriculture, industry, trade, transportation, health, and environment. Accordingly, this thesis has reached to the following conclusions: First, Water is a vital resourses for Turkey, Syria and Iraq. It is not only important for the agricultural production but for hydroelectric power generation, as well. Second, from the point of view of Syria and Iraq, the main reason for this negative atmosphere among the riparians of the Euphrates and Tigris river system is indicated to be the GAP (Southeastern Anatolia Project) which was started by Turkey as a major development project and Syria and Iraq, as downstream countries, accused Turkey to hamper the future agricultural projects of both Syria and Iraq. Third, the 1998 Adana Protocol and Bashar Assad&rsquo / s becoming president in the year 2000 can be regarded as the turning points of the beginning of the development in the relations between Turkey and Syria in the positive direction. The relations between Turkey and Iraq, which were nearly stopped in the Gulf War in 1991, have started to warm up after the second operation in 2003. Fourth, the developing relations carry great importance for the solution of the ongoing water problem among Turkey, Syria and Iraq.

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>

Le développement fulgurant noté dans le domaine des biotechnologies peut être attribué, sinon essentiellement du moins partiellement, à l’utilisation des ressources génétiques (RG) et des savoirs traditionnels (ST) acquis sur ces ressources. Ces ressources et ces savoirs sont, notamment, utilisés dans le cadre d’inventions biotechnologiques qui peuvent s’avérer concluantes et faire l’objet de demande de protection par brevet. Ce développement ne s’est tout de même pas réalisé sans heurts majeurs, il l’a été au prix de tumultueuses oppositions. En effet, la découverte progressive de la valeur commerciale et scientifique de telles ressources et de tels savoirs a fait naître des intérêts et attisé des rivalités qui ont fini par opposer fournisseurs et utilisateurs de ces matériels. Force est de constater que parmi leurs divergences, celle qui se rapporte au partage des avantages fait l’objet de discussions des plus âpres qui soient dans le domaine. Une solution qui a été, aussi, envisagée a porté sur les régimes d’accès et de partage des avantages. Ce partage des avantages, les pays fournisseurs espèrent le réaliser par le biais de l’obligation de divulguer l’origine des RG et des ST dans les demandes de brevets. L’application d’une telle exigence connaît des limites en ce sens qu’elle est d’application territoriale. C’est sur la base d’un tel constat que les pays fournisseurs envisagent d’en faire une obligation reconnue et applicable à un niveau international. Dans le cadre de cette étude, nous essaierons de démontrer que l’obligation de divulguer l’origine des RG et des ST dans les demandes de brevets, telle qu’elle est actuellement appliquée, ne constitue pas un moyen pertinent qui permettrait d’en arriver à un partage juste et équitable des avantages. / The rapid development in the field of biotechnology can be attributed to a large degree to the innovative use of genetic resources (GR), a significant portion of which were based on traditional knowledge (TK). The biotechnological inventions resulting from these resources and knowledge are, for the most part, subject to patent protection. This legal protection is designed to allow creators of innovative inventions the possibility to recoup their investment by limiting the use of the resulting creation by people other than the inventor and his assignees. Indeed, the gradual recognition of the scientific and commercial value of such resources and associated knowledge has raised interest and fuelled rivalries that eventually led to conflict over the use and trade of such products between user and producing States. A possible solution to resolve this conflict is the use of access and benefit-sharing agreements. One requirement proposed by producing States is an obligation to disclose the origin of GR and TK in patent applications. However, since the issues in this area, generally, exceed the national sphere, producing countries are attempting to make this requirement recognized at an international level. Accordingly the most effective and efficient means of doing so would be via the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) in the World Trade Organization WTO. In this thesis, we will demonstrate that the obligation to disclose the origin of GR and TK in patent applications does not constitute an appropriate means that would lead to a fair and equitable sharing of benefits arising out of their use.

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.

Este artículo se propone la comprensión de los cambios en lac omunidad de Catac como resultado de la acción colectiva ante los desafíos del contexto que se configuran como oportunidades y restricciones, y frente a las exigencias internas que se expresan como demandas de los grupos de interés o facciones que conforman la comunidad. En una comunidad heterogénea como Catac, la acción colectiva no es algo que se da por supuesto sino una acción deliberada; sin embargo, tiende a ser frágil y generalmente se rompe ante las presiones externas y las relaciones de poder definidas en términos de facciones al interior de la comunidad. / This article proposes a comprehension of social changes in the peasant community of Catac as results of collective action in a context where challenges present themselves as political opportunities and social contentions as well as internal demands of interest groups or factions. In an heterogeneous community as Catac, collective action is not something that is taken for granted but it is deliberately created and constituted. However, it tends to be fragile and usually breaks because of outside pressures and the power relations defined as relations among factions that exist in community.

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.