Download Protecting Biodiversity: National Laws Regulating Access to by Susan P. Bass, Manuel Ruiz Muller PDF

By Susan P. Bass, Manuel Ruiz Muller

Maintaining Biodiversity addresses probably the most primary elements of this significant factor: the inability of enough nationwide legislation regulating entry to, and reimbursement for, using neighborhood genetic assets. This e-book is the 1st to check such legislation and regulations throughout various international locations in either the industrialized and constructing worlds, together with Argentina, Canada, Colombia, Costa Rica, Paraguay, Peru and the U.S.. It additionally offers felony viewpoints, conclusions and good options for destiny motion.

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Extra info for Protecting Biodiversity: National Laws Regulating Access to Genetic Resources in the Americas

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Forestry patrimony Without establishing protected areas in the technical sense of Law No. 352/94, the Forestry Law establishes special protection for wooded lands and lands suitable for forestry. The forest patrimony of the state is under the administrative jurisdiction of the National Forest Service, and this patrimony extends to the fiscal forest lands, woods, and nurseries. Notwithstanding this legal protection, Paraguay has, as already mentioned, lost 80% of its forests to deforestation. The rate at which deforestation is depleting species and the genetic resources contained in them is alarming.

In addition, the need to form alliances of diverse sectors to realize the benefits of prospecting agreements is insufficiently appreciated in Costa Rica. A related issue is the lack of clarity on issues related to the marine environment and prospecting the biodiversity of marine ecosystems. Finally, Costa Ricans lack knowledge of the reality and nature of the market for bioprospecting and the format for certain sectors to negotiate agreements. The government has attempted to solve some of these problems by enacting comprehensive legislation on biodiversity, with detailed regulations on access.

Seven Country Reports ^=^ i9 Permits Article 81 of the Colombian Constitution establishes that the state must regulate the import, export, and use of genetic resources in the national interest. No regulatory scheme is at yet in place to grant permits for access to species and their genetic resources. However, articles 54-58 of the NRC may apply, as in general terms they regulate natural-resource permits. Decree 1608 (1978) regulates ownership and use of wildlife. Agreement 33 (1978) of the National Institute of Natural Resources regulates the ownership and use of fauna.

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