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https://hdl.handle.net/1959.11/60046
Title: | Free Prior Informed Consent - Mere Politics or Meaningful Change? |
Contributor(s): | Martin, Paul (author) |
Publication Date: | 2018 |
Handle Link: | https://hdl.handle.net/1959.11/60046 |
Abstract: | | This chapter develops the Policy Risk Analysis approach to particularly address water and other natural resource policy failures focuses on three categories of risk: political risk, instrument and implementation risk, and the risk of spill overs. International politics has a principle that embeds confusion between individual rights, procedural requirements, and State sovereignty. The chapter concerns only with free, free, prior and informed consent (FPIC) in relation to access to biological resources and related cultural products. The boundaries of the application of the Indigenous Peoples' FPIC will be formed by political and economic dynamics and advances in knowledge, but ultimately will be defined through its embodiment in statute and other law and policy instruments, and through interpretation and contestation. The existence of risks, and the extent of harm that can arise if potential adverse contingencies do arise, indicate that systematic management of this policy risk should be a priority.
Publication Type: | Book Chapter |
Source of Publication: | Biodiversity, Genetic Resources and Intellectual Property: Developments in Access and Benefit Sharing, p. 123-150 |
Publisher: | Routledge |
Place of Publication: | United States of America |
ISBN: | 9781315098517 9781138298620 |
Socio-Economic Objective (SEO) 2020: | 239999 Other law, politics and community services not elsewhere classified |
HERDC Category Description: | B1 Chapter in a Scholarly Book |
Series Name: | Routledge Research in Intellectual Property |
Editor: | Editor(s): Charles Lawson and Kamalesh Adhikari |
Appears in Collections: | Book Chapter School of Law
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