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| Srl | Item |
| 1 |
ID:
105134
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| Publication |
2011.
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| Summary/Abstract |
From the current perspective on 'IPR and Agriculture', there has to be a major discussion on global developments, negotiations and agreements on the role of intellectual property protection on the future of the agricultural sector, a vital segment for ensuring food security for the world population, particularly for developing countries where assuring food security is essential for their survival. Modern day intellectual property protection systems have their genesis in the General Agreement on Tariffs and Trade (GATT) which was initiated in 1946. Currently, the provisions under several agreements are being implemented by the Members of the World Trade Organization (WTO), the sole administrative body responsible for all aspects of implementation, monitoring and resolution of disputes between the member countries. Apart from the separate Agreement on Agriculture (AOA) which formed part of GATT, other agreements particularly Trade-Related Aspects of Intellectual Property Rights (TRIPS) also impinge heavily on the future of agriculture across the world. It is therefore prudent to evaluate the role that GATT, TRIPS, WTO, CBD and climate change play in the sustenance and development of agriculture pursuits, primarily in the developing and least developed economies.
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| 2 |
ID:
139599
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| Summary/Abstract |
States are facing new challenges with respect to conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction (BBNJ). This underscores a significant gap in the existing legal regime, as embodied in the 1982 United Nations Convention on the Law of the Sea (UNCLOS), for protection of marine biological diversity beyond national jurisdiction. Thus, there is a critical need for a legal instrument to specifically address the regulatory and governance gap in this area. To this end, the United Nations General Assembly (UNGA) has set up an ad-hoc BBNJ Working Group. In January 2015, the BBNJ Working Group recommended that an international legally binding instrument under UNCLOS needed to be developed. This will enable UNGA to decide in its forthcoming 69th Session, in 2015, whether or not to launch negotiations for a new Implementing Agreement under the UNCLOS on the conservation and sustainable use of the marine biological diversity in areas beyond national jurisdiction. The details and contours of the new legal instrument, however, have yet to be agreed to, by the international community. It is suggested that international community may consider the precedent of the United Nations Fish Stock Agreement (UNFSA) for taking the next steps in devising a legal instrument. Further, there is also a need to consider an institutional arrangement to address existing BBNJ governance gaps.
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