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The Complementarity Between the Nagoya Protocol and Human Rights

Genetic Resources, Traditional Knowledge and the Rights of Indigenous Peoples and Local Communities

  • Book
  • © 2023

Overview

Authors:
  1. Xiaoou Zheng

    1. School of Law, Xiamen University, Xiamen, China

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  • Elaborates the complementarity between the Nagoya Protocol and the international human rights law
  • Offers a pragmatic account of protecting the rights of Indigenous Peoples and local communities in an ABS context
  • Advances scholarly discussion on the principle of mutual supportiveness between different areas of international law

Part of the book series: Sustainable Development Goals Series (SDGS)

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Table of contents (6 chapters)

  1. Front Matter

    Pages i-xxii
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  2. Setting the Stage

    1. Front Matter

      Pages 1-1
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    2. The Nagoya Protocol and International Human Rights Law

      • Xiaoou Zheng
      Pages 3-18

    3. Mutual Supportiveness and the Complementarity Thesis

      • Xiaoou Zheng
      Pages 19-36

  3. The Three Pillars of the ABS Framework and Related Human Rights Implications

    1. Front Matter

      Pages 37-37
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    2. Access

      • Xiaoou Zheng
      Pages 39-80

    3. Benefit-Sharing

      • Xiaoou Zheng
      Pages 81-122

    4. Compliance

      • Xiaoou Zheng
      Pages 123-155

  4. Looking Forward

    1. Front Matter

      Pages 157-157
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    2. The Value Added of Complementarity Thesis and Its Limitations

      • Xiaoou Zheng
      Pages 159-166

  5. Back Matter

    Pages 167-171
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Keywords

About this book

This book studies the questions of how and to what extent the Nagoya Protocol on Access and Benefit-Sharing (ABS) can be interpreted and implemented in light of international human rights law, with a sharpened focus on Indigenous Peoples and local communities. The complementarity thesis is built upon the understanding that ABS and human rights should not and cannot be isolated from one another in order to achieve their respective objectives. A mutually supportive approach to these two bodies of international law is articulated throughout the chapters, covering a wide range of international treaties and ‘soft’ instruments, as well as the practices of the United Nations, international treaty bodies, courts, other international organizations and sometimes NGOs. Legal researchers, legislators and policymakers, human rights practitioners and indeed anyone interested in the development of a more coherent and integrated system of international ABS framework will find this book helpful, with its succinct coverage of current ABS and human rights laws and practices, their pragmatic implications and possible ways of integration forward.

Authors and Affiliations

  • School of Law, Xiamen University, Xiamen, China

    Xiaoou Zheng

About the author

Xiaoou Zheng is an assistant professor in Public International Law at the School of Law, Xiamen University (China). She obtained her Ph.D at the School of Law in the University of Edinburgh in February 2020. Her doctoral research focuses on the interaction between international biodiversity law and human rights law. She is generally interested in the international environmental law and its increasing interaction with other branches of international law. Previously, she worked part‐time on access and benefit‐sharing‐related issues for the Union for Ethical BioTrade, an international organization based in Amsterdam, the Netherlands.  

Bibliographic Information

  • Book Title: The Complementarity Between the Nagoya Protocol and Human Rights

  • Book Subtitle: Genetic Resources, Traditional Knowledge and the Rights of Indigenous Peoples and Local Communities

  • Authors: Xiaoou Zheng

  • Series Title: Sustainable Development Goals Series

  • DOI: https://doi.org/10.1007/978-981-99-3513-0

  • Publisher: Springer Singapore

  • eBook Packages: Law and Criminology, Law and Criminology (R0)

  • Copyright Information: The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Singapore Pte Ltd. 2023

  • Hardcover ISBN: 978-981-99-3512-3Published: 16 August 2023

  • Softcover ISBN: 978-981-99-3515-4Due: 16 September 2023

  • eBook ISBN: 978-981-99-3513-0Published: 15 August 2023

  • Series ISSN: 2523-3084

  • Series E-ISSN: 2523-3092

  • Edition Number: 1

  • Number of Pages: XXII, 171

  • Number of Illustrations: 1 b/w illustrations

  • Topics: Private International Law, International & Foreign Law, Comparative Law , Public International Law , Human Rights

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