Fair and Equitable Benefit-Sharing in Agriculture (Open Access): Reinventing Agrarian Justice

This book explores the emergence and development of the legal concept of fair and equitable benefit-sharing, and its application in agriculture. It identifies challenges regarding implementation and offers ideas for institutional and legal innovation.

Format: Paperback / softback
Length: 186 pages
Publication date: 29 April 2022
Publisher: Taylor & Francis Ltd

This comprehensive book delves into the origins and evolution of the legal concept of fair and equitable benefit-sharing, its application in the realm of agriculture, and the ongoing challenges surrounding its implementation. Developed in the 1990s, this concept has been incorporated into a wide range of international instruments, including those addressing biodiversity, climate change, and human rights. Despite its widespread adoption, there remains a lack of clarity regarding the precise requirements and implications of fair and equitable benefit-sharing, as well as its potential impact on equity and justice.

To address these critical questions, this book examines the concept of fair and equitable benefit-sharing in the context of land, food, and agriculture. It explores various aspects of the agricultural production chain, including research and development, land governance, land use, and access to markets. By examining these instances, the book identifies challenges related to the implementation of the concept as enshrined in environmental treaties and soft-law instruments, with a particular focus on the International Treaty on Plant Genetic Resources for Food and Agriculture, the Voluntary Guidelines on Tenure, and the UN Declaration on the Rights of Peasants.

The book further investigates the role, enabling conditions, and limitations of fair and equitable benefit-sharing in a contradictory policy context that encompasses environmental, food security, and human rights objectives. It also examines the growing web of multilateral and bilateral trade and investment agreements, which further complicate the implementation of this concept.

Through a socio-legal analysis, the book connects international law research with practical insights and offers four grassroots examples that provide valuable ideas for institutional and legal innovation at local, national, and global levels. These examples showcase the potential for fair and equitable benefit-sharing to promote sustainable development, food security, and the rights of marginalized communities.

This interdisciplinary title is of immense interest to students and scholars of international environmental law, agriculture, land law, development studies, and global governance. It provides a comprehensive and insightful examination of the complex issues surrounding fair and equitable benefit-sharing, offering valuable insights for policymakers and practitioners working in these fields.

Weight: 344g
Dimension: 234 x 156 (mm)
ISBN-13: 9780367529369