Sharing aquatic genetic resources across jurisdictions: playing ‘chicken’ in the sea
International regimes regulating access and benefit sharing were originally designed to promote conservation and fairness objectives concerning the use of the world’s biological resources for their genetic material value. These regimes determine from whom permission is required to take the resources...
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ftqueensland:oai:eprints.qut.edu.au:208991 2024-02-04T09:54:10+01:00 Sharing aquatic genetic resources across jurisdictions: playing ‘chicken’ in the sea Humphries, Fran 2018-05-24 https://eprints.qut.edu.au/208991/ unknown Springer https://rdcu.be/cgXa0 doi:10.1007/s10784-018-9403-3 Humphries, Fran (2018) Sharing aquatic genetic resources across jurisdictions: playing ‘chicken’ in the sea. International Environmental Agreements: Politics, Law and Economics, 18(4), pp. 541-556. https://eprints.qut.edu.au/208991/ Springer Science+Business Media B.V., part of Springer Nature 2018 This work is covered by copyright. Unless the document is being made available under a Creative Commons Licence, you must assume that re-use is limited to personal use and that permission from the copyright owner must be obtained for all other uses. If the document is available under a Creative Commons License (or other specified license) then refer to the Licence for details of permitted re-use. It is a condition of access that users recognise and abide by the legal requirements associated with these rights. If you believe that this work infringes copyright please provide details by email to qut.copyright@qut.edu.au International Environmental Agreements: Politics, Law and Economics Access and Benefit Sharing aquatic genetic resources Technology Transfer Law of the Sea Aquaculture Contribution to Journal 2018 ftqueensland https://doi.org/10.1007/s10784-018-9403-3 2024-01-08T23:57:11Z International regimes regulating access and benefit sharing were originally designed to promote conservation and fairness objectives concerning the use of the world’s biological resources for their genetic material value. These regimes determine from whom permission is required to take the resources and who obtains the benefits of their use. They have evolved separate frameworks in three distinct jurisdictional areas—within national jurisdiction, beyond national jurisdiction and in the Antarctic Treaty Area. This article argues that if these regimes continue to evolve separately, there is a strong temptation for countries to play ‘chicken’ with biological resource governance through forum shopping or opting out of agreements that do not suit their political ends. Using game theory and a transgenic tilapia fish example incorporating genetic material from the three jurisdictional areas, it illustrates the legal and ethical dilemmas that can arise from the territorial (jurisdictional) approach to access and benefit sharing—to the detriment of fairness and conservation in tilapia’s countries of origin. Tilapias are known as the ‘chicken of the sea’ because they dominate global farmed production and developing countries depend on them as their primary source of protein, livelihoods and trade. This means there will be serious consequences if the regimes do not achieve their fairness and conservation objectives for sharing their genetic material. This article concludes that a purpose-driven cooperative governance approach can sidestep the game of chicken and promote fairer and more conservation focused outcomes than the current jurisdictional approach for the developing country providers of migratory aquatic resources. Article in Journal/Newspaper Antarc* Antarctic Queensland University of Technology: QUT ePrints Antarctic The Antarctic International Environmental Agreements: Politics, Law and Economics 18 4 541 556 |
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Open Polar |
collection |
Queensland University of Technology: QUT ePrints |
op_collection_id |
ftqueensland |
language |
unknown |
topic |
Access and Benefit Sharing aquatic genetic resources Technology Transfer Law of the Sea Aquaculture |
spellingShingle |
Access and Benefit Sharing aquatic genetic resources Technology Transfer Law of the Sea Aquaculture Humphries, Fran Sharing aquatic genetic resources across jurisdictions: playing ‘chicken’ in the sea |
topic_facet |
Access and Benefit Sharing aquatic genetic resources Technology Transfer Law of the Sea Aquaculture |
description |
International regimes regulating access and benefit sharing were originally designed to promote conservation and fairness objectives concerning the use of the world’s biological resources for their genetic material value. These regimes determine from whom permission is required to take the resources and who obtains the benefits of their use. They have evolved separate frameworks in three distinct jurisdictional areas—within national jurisdiction, beyond national jurisdiction and in the Antarctic Treaty Area. This article argues that if these regimes continue to evolve separately, there is a strong temptation for countries to play ‘chicken’ with biological resource governance through forum shopping or opting out of agreements that do not suit their political ends. Using game theory and a transgenic tilapia fish example incorporating genetic material from the three jurisdictional areas, it illustrates the legal and ethical dilemmas that can arise from the territorial (jurisdictional) approach to access and benefit sharing—to the detriment of fairness and conservation in tilapia’s countries of origin. Tilapias are known as the ‘chicken of the sea’ because they dominate global farmed production and developing countries depend on them as their primary source of protein, livelihoods and trade. This means there will be serious consequences if the regimes do not achieve their fairness and conservation objectives for sharing their genetic material. This article concludes that a purpose-driven cooperative governance approach can sidestep the game of chicken and promote fairer and more conservation focused outcomes than the current jurisdictional approach for the developing country providers of migratory aquatic resources. |
format |
Article in Journal/Newspaper |
author |
Humphries, Fran |
author_facet |
Humphries, Fran |
author_sort |
Humphries, Fran |
title |
Sharing aquatic genetic resources across jurisdictions: playing ‘chicken’ in the sea |
title_short |
Sharing aquatic genetic resources across jurisdictions: playing ‘chicken’ in the sea |
title_full |
Sharing aquatic genetic resources across jurisdictions: playing ‘chicken’ in the sea |
title_fullStr |
Sharing aquatic genetic resources across jurisdictions: playing ‘chicken’ in the sea |
title_full_unstemmed |
Sharing aquatic genetic resources across jurisdictions: playing ‘chicken’ in the sea |
title_sort |
sharing aquatic genetic resources across jurisdictions: playing ‘chicken’ in the sea |
publisher |
Springer |
publishDate |
2018 |
url |
https://eprints.qut.edu.au/208991/ |
geographic |
Antarctic The Antarctic |
geographic_facet |
Antarctic The Antarctic |
genre |
Antarc* Antarctic |
genre_facet |
Antarc* Antarctic |
op_source |
International Environmental Agreements: Politics, Law and Economics |
op_relation |
https://rdcu.be/cgXa0 doi:10.1007/s10784-018-9403-3 Humphries, Fran (2018) Sharing aquatic genetic resources across jurisdictions: playing ‘chicken’ in the sea. International Environmental Agreements: Politics, Law and Economics, 18(4), pp. 541-556. https://eprints.qut.edu.au/208991/ |
op_rights |
Springer Science+Business Media B.V., part of Springer Nature 2018 This work is covered by copyright. Unless the document is being made available under a Creative Commons Licence, you must assume that re-use is limited to personal use and that permission from the copyright owner must be obtained for all other uses. If the document is available under a Creative Commons License (or other specified license) then refer to the Licence for details of permitted re-use. It is a condition of access that users recognise and abide by the legal requirements associated with these rights. If you believe that this work infringes copyright please provide details by email to qut.copyright@qut.edu.au |
op_doi |
https://doi.org/10.1007/s10784-018-9403-3 |
container_title |
International Environmental Agreements: Politics, Law and Economics |
container_volume |
18 |
container_issue |
4 |
container_start_page |
541 |
op_container_end_page |
556 |
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1789971364011048960 |