Contested Ownership: TRIPs, CBD, and Implications for Southern African Biodiversity

Contested Ownership: TRIPs, CBD, and Implications for Southern African Biodiversity 294 ² Noah Zerbe Contested Ownership: TRIPs, CBD, and Implications for Southern African Biodiversity N OAH Z ERBE * A BSTRACT The increasing importance of biodiversity sparked by the emergence of modern biotechnology has ignited tensions be- tween transnational corporations and indigenous communities. Con icting international instruments governing access to and control over biodiversity exacerbate disputes over control of local bioresources and knowledge. While there is some over- lap between the Trade-Related Intellectual Property Rights (TRIPs) Agreement and the Convention on Biological Diversity (CBD), the agreements provide con icting policy prescriptions regarding trade in biodiversity. The tension derives from the fundamentally different ontologies on which the agreements are based. In Southern Africa, governments are attempting to reconcile the agreements through national frameworks based on the OAU/AU Model Legislation. The success of such ef- forts will depend on the ability of the state to guarantee the rights of indigenous communities to control local biodiversity and the participation of such communities in the development of national legislation. In the end, such efforts depend on the rearticulation of the relationship between public and private spheres. * Department of Political Science, York University, Toronto, Canada. Perspectives on Global Development and Technology, Volume http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Perspectives on Global Development and Technology Brill

Contested Ownership: TRIPs, CBD, and Implications for Southern African Biodiversity

Loading next page...
 
/lp/brill/contested-ownership-trips-cbd-and-implications-for-southern-african-5Xq0Jcf3vk
Publisher
BRILL
Copyright
© 2002 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1569-1500
eISSN
1569-1497
D.O.I.
10.1163/156915002100419853
Publisher site
See Article on Publisher Site

There are no references for this article.

You’re reading a free preview. Subscribe to read the entire article.


DeepDyve is your
personal research library

It’s your single place to instantly
discover and read the research
that matters to you.

Enjoy affordable access to
over 12 million articles from more than
10,000 peer-reviewed journals.

All for just $49/month

Explore the DeepDyve Library

Unlimited reading

Read as many articles as you need. Full articles with original layout, charts and figures. Read online, from anywhere.

Stay up to date

Keep up with your field with Personalized Recommendations and Follow Journals to get automatic updates.

Organize your research

It’s easy to organize your research with our built-in tools.

Your journals are on DeepDyve

Read from thousands of the leading scholarly journals from SpringerNature, Elsevier, Wiley-Blackwell, Oxford University Press and more.

All the latest content is available, no embargo periods.

See the journals in your area

Monthly Plan

  • Read unlimited articles
  • Personalized recommendations
  • No expiration
  • Print 20 pages per month
  • 20% off on PDF purchases
  • Organize your research
  • Get updates on your journals and topic searches

$49/month

Start Free Trial

14-day Free Trial

Best Deal — 39% off

Annual Plan

  • All the features of the Professional Plan, but for 39% off!
  • Billed annually
  • No expiration
  • For the normal price of 10 articles elsewhere, you get one full year of unlimited access to articles.

$588

$360/year

billed annually
Start Free Trial

14-day Free Trial