In this article, we will first give a historic overview of the concept of benefit sharing and its appearance in official agreements, particularly with respect to crop genetic resources. It will become clear that, at present, benefit sharing is primarily considered as an instrument of compensation or exchange, and thus refers to commutative justice. However, we believe that such a narrow interpretation of benefit sharing disregards, and even undermines, much of its (historical) content and potency, especially where (...) crop genetic resources are concerned. We argue that benefit sharing should not be based merely on commutative justice but rather on a broader model that is also grounded in the concept of distributive justice. This has repercussions for the application of benefit sharing, which we try to clarify by distinguishing between downstream and upstream benefit sharing. Upstream benefit sharing is not so much inspired by compensation for actions done, or the distribution downstream of benefits developed, but by the idea of shared decision‐making on the research and development of resources fundamental to human welfare. Going upstream in the research process of crop genetic resources, and determining research agendas and improving crops according to the needs of the poor, benefit sharing may well be a tool to contribute to world food security and global justice. We concretize our ideas on upstream benefit sharing by introducing a set of criteria that determine the success of consultations on agricultural research agenda setting. (shrink)

ABSTRACT In this article, we will first give a historic overview of the concept of benefit sharing and its appearance in official agreements, particularly with respect to crop genetic resources. It will become clear that, at present, benefit sharing is primarily considered as an instrument of compensation or exchange, and thus refers to commutative justice. However, we believe that such a narrow interpretation of benefit sharing disregards, and even undermines, much of its (historical) content and potency, especially (...) where crop genetic resources are concerned. We argue that benefit sharing should not be based merely on commutative justice but rather on a broader model that is also grounded in the concept of distributive justice. This has repercussions for the application of benefit sharing, which we try to clarify by distinguishing between downstream and upstream benefit sharing. Upstream benefit sharing is not so much inspired by compensation for actions done, or the distribution downstream of benefits developed, but by the idea of shared decision‐making on the research and development of resources fundamental to human welfare. Going upstream in the research process of crop genetic resources, and determining research agendas and improving crops according to the needs of the poor, benefit sharing may well be a tool to contribute to world food security and global justice. We concretize our ideas on upstream benefit sharing by introducing a set of criteria that determine the success of consultations on agricultural research agenda setting. (shrink)

Many traditional agroecosystems found in Latin America constitute major in situ repositories of crop genetic diversity. This native germplasm is crucial to developing countries and industrialized nations alike. Native varieties expand and renew the crop genetic resources of developed countries while also performing well under the ecological and economic conditions of the traditional farms where they are grown. With agricultural modernization and environmental degradation, crop genetic diversity is decreasing in peasant agricultural systems. Research (...) is urgently needed to document rates and causes of genetic erosion in these systems and the role that peasants play in maintenance of crop genetic diversity. It is proposed that multi-disciplinary teams that work under the paradigms of ethnoecology and agroecology be assembled to integrate farmers’ knowledge with Western scientific approaches to design meaningful in situ crop genetic conservation strategies. (shrink)

Genebanking, the process of preserving genetic resources, is a central practice in the modern management of crop genetics, especially for the species used for food and agriculture. Closely interrelated networks of local, national and global actors are responsible for ex situ conservation. They all seek to make plant genetic resources accessible for all and now face new challenges arising from digitisation. Plant sciences are entering the postgenomic era, moving fast from initially providing a single reference (...) genome for each species (genomics), to harnessing the extent of diversity within crop species (pangenomics) and among their relatives (referred to as postgenomics). This paper describes the extent to which ex situ collections have already undergone a digital shift, or are planning to do so, and the potential impact of this postgenomic-induced dematerialisation on the global governance of plant genetic resources. In turn, digitising material (seed) collection changes the relationship between genebanks and genomic databases. Comprehensive genomic characterisation of genebank accessions is ongoing, and I argue here that these efforts may provide a unique opportunity for genebanks to further embrace the moral, ethical and ultimately political principles on which they were built. Repurposing genebanks as decentralised digital biocentres could help relocate capabilities and stewardship over genetic resources. Empowering local farmers by providing access, promoting the use and unlocking benefits from state-of-the-art tools of modern plant breeding may allow bridging the breeding divide. However, to accomplish such a paradigm shift, genebanks require a strong political mandate that must primarily originate from the access and benefit-sharing framework. Only so may the global challenges associated with the loss of biodiversity and food insecurity be addressed. (shrink)

Crop genetic resources constitute a ‘new’ global commons, characterized by multiple layers of activities of farmers, genebanks, public and private research and development organizations, and regulatory agencies operating from local to global levels. This paper presents sui generis biocultural community protocols that were developed by four communities in Benin and Madagascar to improve their ability to contribute to, and benefit from, the crop commons. The communities were motivated in part by the fact that their national governments’ (...) had recently ratified the Plant Treaty and the Nagoya Protocol, which make commitments to promoting the rights of indigenous peoples, local communities and farmers, without being prescriptive as to how Contracting Parties should implement those commitments. The communities identified the protocols as useful means to advance their interests and/or rights under both the Plant Treaty and the Nagoya Protocol to be recognized as managers of local socio-ecological systems, to access genetic resources from outside the communities, and to control others’ access to resources managed by the community. (shrink)

In Vanuatu, small-scale farmers’ subsistence still largely relies on the sustainable use and maintenance of a wide-ranging biodiversity out of which root and tuber crops provide the bulk of daily subsistence. In neighboring countries, foreign influence since the first European contacts, further associated changes and the introduction of new crop species have induced a loss of cultivated diversity. This paper presents a baseline study of the diversity of root and tuber crops in ten communities throughout Vanuatu. In a context (...) where the smallholders’ agrosystems are increasingly considered as key components for the global conservation of crop genetic resources, this study provides clues to better understand the effective roles of biodiversity in traditional agrosystems. It also provides insights on the rationale behind the constitution of agricultural portfolios and discusses how the cultivated diversity allows communities to cope with changes and pressures. The paper also shows that recently introduced crops neither seem to have compromised agricultural diversity nor drastically changed the agrosystems in Vanuatu. On the contrary, such crops are used by farmers to strengthen the resilience of their agrosystems. A discussion then presents the idea of continuity through change and novelty as a critical factor for resilience. The paper concludes by discussing the role of indigenous agriculture and culture in ensuring food security and in development strategies in a larger context. (shrink)

The potential for genetically modified (GM) crops to threaten biodiversity conservation and sustainable agriculture is substantial. Megadiverse countries and centers of origin and/or diversity of crop species are particularly vulnerable regions. The future of sustainable agriculture may be irreversibly jeopardized by contamination of in situ preserved genetic resources threatening a strategic resource for the world—s food security. Because GM crops are truly biological novelties, their release into the environment poses concerns about the unpredictable ecological and evolutionary responses (...) that GM species themselves and the interacting biota may express in the medium and long term. One of the consequences of these processes may be a generalized contamination of natural flora by GM traits and a degradation and erosion of the commonly owned genetic resources available today for agricultural development. GM plants carrying pharmaceutical and industrial traits will pose even more dangerous risks if released in the environment. (shrink)

Having an adequate and extensively recognized resource governance system is essential for the conservation and sustainable use of crop genetic resources in a highly populated planet. Despite the widely accepted importance of agrobiodiversity for future plant breeding and thus food security, there is still pervasive disagreement at the individual level on who should own genetic resources. The aim of the article is to provide conceptual clarification on the following concepts and their relation to agrobiodiversity stewardship: (...) open access, commons, private property, state property and common heritage of humankind. After presenting each property regime, we will examine whether and how these incentivize the conservation, improvement and sharing of crop genetic resources, and conclude by defending a mixed property regime. (shrink)

Debates about the relationship between agricultural technology and the conservation of crop genetic diversity are often hampered by unclear vocabulary and imprecise data. Various interpretations of the terms “modern variety,” “local variety,” “hybrid,” and “green revolution” are first explored, and then evidence is examined regarding the effect of modern varieties on intra- and intercrop diversity, risk, input use, and farmer decision-making. The objective is to urge a more reasoned debate about the future of plant genetic resources.

This paper charts the history of the Rockefeller Foundation’s participation in the collection and long-term preservation of genetic diversity in crop plants from the 1940s through the 1970s. In the decades following the launch of its agricultural program in Mexico in 1943, the Rockefeller Foundation figured prominently in the creation of world collections of key economic crops. Through the efforts of its administrators and staff, the foundation subsequently parlayed this experience into a leadership role in international efforts to (...) conserve so-called plant genetic resources. Previous accounts of the Rockefeller Foundation’s interventions in international agricultural development have focused on the outcomes prioritized by foundation staff and administrators as they launched assistance programs and especially their characterization of the peoples and “problems” they encountered abroad. This paper highlights instead how foundation administrators and staff responded to a newly emergent international agricultural concern—the loss of crop genetic diversity. Charting the foundation’s responses to this concern, which developed only after agricultural modernization had begun and was understood to be produced by the successes of the foundation’s own agricultural assistance programs, allows for greater interrogation of how the foundation understood and projected its central position in international agricultural research activities by the 1970s. (shrink)

In the discussion about consequences of the release of genetically modified (GM) crops, the meaning of the term “environmental damage” is difficult to pin down. We discuss some established concepts and criteria for understanding and evaluating such damages. Focusing on the concepts of familiarity, biological integrity, and ecosystem health, we argue that, for the most part, these concepts are highly ambiguous. While environmental damage is mostly understood as significant adverse effects on conservation resources, these concepts may not relate directly (...) to effects on tangible natural resources but rather to parameters of land use or ecological processes (e.g., the concept of biological integrity). We stress the importance of disclosing the normative assumptions underlying damage concepts and procedures for the evaluation of damages by GM crops. A conceptualization of environmental damage should precede its operationalization. We recommend an unambiguous definition for damage developed earlier and recommend that evaluation criteria be based on this. However, a general damage definition cannot replace case-specific operationalization of damage, which remains an important future challenge. (shrink)

The development of improved methods for genome‐wide association studies (GWAS) for genetics of quantitative traits has been an active area of research during the last 25 years. This activity initially started with the use of mixed linear model (MLM), which was variously modified. During the last decade, however, with the availability of high throughput next generation sequencing (NGS) technology, development and use of pangenomes and novel markers including structural variations (SVs) and k‐mers for GWAS has taken over as a new (...) thrust area of research. Pangenomes and SVs are now available in humans, livestock, and a number of plant species, so that these resources along with k‐mers are being used in GWAS for exploring additional genetic variation that was hitherto not available for analysis. These developments have resulted in significant improvement in GWAS methodology for detection of marker‐trait associations (MTAs) that are relevant to human healthcare and crop improvement. (shrink)

This article presents a holistic framework for understanding the scienceof plant breeding, as an alternative to the common objectivist andconstructivist approaches in studies of science. It applies thisapproach to understanding disagreements about how to deal with yieldstability. Two contrasting definitions of yield stability are described,and concomitant differences in the understanding and roles ofsustainability and of selection, test, and target environments areexplored. Critical questions about plant breeding theory and practiceare posed, and answers from the viewpoint of the two contrastingdefinitions of yield (...) stability are analyzed, based on key publicationsin the field. Differences in answers to these questions appear to resultboth from the contingencies of plant breeders' experiences withparticular crop varieties and growing environments, and from differencesin social and institutional settings – plant breeding science isboth objective truth and social construction. The goal of using aholistic framework is to encourage discussion among plant breeders,farmers, social scientists, and others, of the bases for disagreementswithin plant breeding, in order to facilitate plant breeding'scontribution to a more environmentally, economically, and sociallysustainable agriculture. (shrink)

The Planteome project provides a suite of reference and species-specific ontologies for plants and annotations to genes and phenotypes. Ontologies serve as common standards for semantic integration of a large and growing corpus of plant genomics, phenomics and genetics data. The reference ontologies include the Plant Ontology, Plant Trait Ontology, and the Plant Experimental Conditions Ontology developed by the Planteome project, along with the Gene Ontology, Chemical Entities of Biological Interest, Phenotype and Attribute Ontology, and others. The project also provides (...) access to species-specific Crop Ontologies developed by various plant breeding and research communities from around the world. We provide integrated data on plant traits, phenotypes, and gene function and expression from 95 plant taxa, annotated with reference ontology terms. (shrink)

The need to regulate access to genetic resources and ensure a fair and equitable sharing of any resulting benefits was at the core of the development of the Convention on Biological Diversity (CBD). The CBD established a series of principles and requirements around access and benefit sharing (ABS) in order to increase transparency and equity in the international flow of genetic resources, yet few countries have been able to effectively implement them and ABS negotiations are often (...) paralysed by differing interests. -/- This book not only examines these complex challenges, but offers workable, policy-oriented solutions. International contributors cover theoretical approaches, new significant national legislation, the concept of traditional knowledge, provider and user country measures and common solutions. Exploring specific, salient examples from across the globe, the authors provide lessons for national regulation and the ongoing negotiations for an international ABS regime. Uniquely, this book also looks at the potential for 'horizontal' development of ABS law and policy, applying lessons from bilateral approaches to other national contexts. (shrink)

Social policies are used to regulate how members of a society interact and share resources. If we expand our sense of community to include the ecosystem of which we are a part, we begin to develop an ethical obligation to this broader community. This ethic recognizes that the environment has intrinsic value, and each of us, as members of society, are ethically bound to preserve its sustainability. In assessing the environmental risks of new agricultural methods and technologies, society should (...) not freely trade economic gains for ecological damage, but rather seek practices that are compatible with ecosystem health. This approach is used to evaluate the environmental risks associated with genetically engineered insect-resistant trees. The use of insect-resistant trees is a biologically based pest control strategy that has several advantages over pesticide use. However, the use of genetically engineered trees presents particular ecological concerns because the trees are long lived and often are not highly domesticated. The main environmental concerns reviewed include: (1) adaptation of pests to the trees, leading to a non-sustainable agricultural practice, (2) transgenic trees producing environmental toxins, (3) insect resistance enhancing the invasiveness of the tree, causing it to become weedy or invade wild habitats, and (4) transfer of the transgene to wild or feral relatives of the tree, possibly increasing the invasiveness of weeds or wild plants. Some methods are available to offset these risks; however, the environmental risks associated with this technology have been poorly researched and need to be more clearly identified so that when we evaluate the risks, it is based on the best information obtainable. To fulfil an ethical obligation to the environment, public policies and government regulations are needed to preserve the sustainability of both the environment and the future of our production systems. A better understanding of both the ecological issues and of genetic engineering in general are needed on the part of citizens and policy makers alike to ensure that sound environmental decisions are made. Otherwise, the environmental benefits of this technology, mainly decreasing the use of more toxic pesticides in tree crops and forests, will either be lost or traded for other environmental hazards. (shrink)

Recent debate has focused on the use of intellectual property regimes for the protection of indigenous resources. Both domesticated crops and useful wild plants are shaped by indigenous knowledge and by their uses within indigenous cultures. This implies that the preservation of cultural systems is as important as the conservation of the associated biological resources. Intellectual property has been suggested as a means to protect indigenous resources from misappropriation, and to create increased investment in their conservation. Four (...) recent books that discuss the problems that arise from the application of IPR for the protection of indigenous resources highlight a salient issue: that current IPR systems may conflict and undermine the culture, social structure, and knowledge systems of indigenous societies. In order to support conservation through indigenous management of biodiversity, a number of steps are required for the negotiation of intellectual property systems that are more compatible with indigenous people's value systems and concepts of ownership. (shrink)

In agriculture, the principle of coexistence refers to a condition where different primary production systems can exist in the vicinity of each other, and can be managed in such a way that they affect each other as little as possible. Coexistence policies aim to ensure that farmers are able to freely grow the crops they choose—be they genetically engineered (GE), non-GE conventional, or organic. In the United States (US), the issue of coexistence has very recently come into sharp relief with (...) the introduction of Roundup Ready® (RR) alfalfa, a landmark court decision in 2007 (Geertson v. Johanns), and subsequent governmental actions, including the first Environmental Impact Statement on a GE crop. By contrast, in 2003 the European Union (EU) created a policy to manage coexistence and to address economic harms that may be caused by contamination. We briefly review the EU framework as an instructive resource. This policy analysis then looks at the US organic industry and its standards with respect to GE before turning to the case of RR alfalfa. With a focus on the field trial stage and on environmental assessments prior to market approval, the case reveals numerous problems in the existing regulatory framework as it pertains to coexistence and prevention of contamination of organic products with GE material. The paper concludes with specific policy recommendations for creating a more robust coexistence policy in the US. (shrink)

This review essay looks at Christopher Boyer’s Political landscapes: forests, conservation and community in Mexico,, Thomas Miller Klubock’s La Frontera: forests and ecological conflict in Chile’s Frontier Territory, Pablo Lapegna’s Soybeans and power: genetically modified crops, environmental politics and social movements in Argentina and Elspeth Probyn’s Eating the ocean as each provide a holistic study of how political ecology and marginalized peoples engage the issue of natural resources in Latin America. Through they deal with different regions and a wide (...) range of approaches to management, collectively they shine light on the social interactions that accompany changes in the land and how local communities engage issues surrounding nature’s use. On a larger level, they offer readers more insight into the field of the environmental humanities and what it means to live with the land. (shrink)

Benefit sharing aims to achieve an equitable exchange between the granting of access to a genetic resource and the provision of compensation. The Convention on Biological Diversity, adopted at the 1992 Earth Summit in Rio de Janeiro, is the only international legal instrument setting out obligations for sharing the benefits derived from the use of biodiversity. The CBD excludes human genetic resources from its scope, however, this article considers whether it should be expanded to include those (...) class='Hi'>resources, so as to enable research subjects to claim a share of the benefits to be negotiated on a case-by-case basis. Our conclusion on this question is: 'No, the CBD should not be expanded to include human genetic resources.' There are essential differences between human and non-human genetic resources, and, in the context of research on humans, an essentially fair exchange model is already available between the health care industry and research subjects. Those who contribute to research should receive benefits in the form of accessible new health care products and services, suitable for local health needs and linked to economic prosperity. When this exchange model does not apply, as is often the case in developing countries, individually negotiated benefit sharing agreements between researchers and research subjects should not be used as 'window dressing'. Instead, national governments should focus their finances on the best economic investment they could make; the investment in population health and health research as outlined by the World Health Organization's Commission on Macroeconomics and Health; whilst international barriers to such spending need to be removed. (shrink)

This article examines the question of who has a right to control and benefit from genetic resources globally. To this end it draws on different accounts in the resource rights literature with a focus on the specific features that distinguish genetic resources from other types of natural resources. It will be argued that due to the intangible and non‐territorial nature of genetic resources, territorial rights over these resources are difficult to maintain. Moreover, (...) the vulnerability of genetic resources implies that much cost and effort is required to protect them. I will argue that not only benefits resulting from the use of genetic resources but also these costs associated with their protection should be an object of distributive justice. To accommodate these two points I will introduce the model of a global biodiversity fund that could replace the bilateral access and benefit sharing negotiations suggested by the Convention on Biological Diversity. (shrink)

In its governance activities for genetic resources, the international community has adopted various approaches to their ownership, including: free access; common heritage of mankind; intellectual property rights; and state sovereign rights. They have also created systems which combine elements of these approaches. While governance of plant and animal genetic resources is well-established internationally, there has not yet been a clear approach selected for human genetic resources. Based on assessment of the goals which international governance (...) of human genetic resources ought to serve, and the implications for how they will be accessed and utilised, it is argued that common heritage of mankind will be the most appropriate approach to adopt to their ownership/control. It does this with the aim of stimulating discussion in this area and providing a starting point for deeper consideration of how a common heritage of mankind, or similar, regime for human genetic resources would function and be implemented. (shrink)

Countries, companies and farming communities are increasingly involved in issues of sharing and protecting plant genetic resources, (traditional) knowledge and technologies. Intellectual Property Rights and Access and Benefit-Sharing policies currently regulate the transfer and usage of much of this genetic material, information and related production, which is employed in multiple research projects involving public research institutes. Strikingly, not much is known about how these institutes deal with the transfer and usage regulations. And what, furthermore, are their responsibilities (...) while serving a civil society in which there is such a range of diverging interests in and opinions about such regulations? In order to shed more light on these questions, two public research institutes will here be studied, the International Potato Centre in Peru and Wageningen University & Research Centre in the Netherlands. These institutes are both heavily involved in research into genetic resources, knowledge and technologies related to the potato, and work together with a wide spectrum of stakeholders that have a direct interest in the sharing and/or protection of these resources. The two institutes are continuously weighing up the various stakeholder interests in their attempts to strike a balance between policies geared towards sharing and those aimed at protection. It will be argued that public research institutes must dare to share, and that they need to develop new ways of sharing and protecting in order to adhere to their mission and best serve the public interest. (shrink)

This article examines the intercultural context of issues related to genetic research on Native peoples. In particular, the article probes the disconnect between Western and indigenous concepts of property, ownership, and privacy, and examines the harms to Native peoples that may arise from unauthorized uses of blood and tissue samples or the information derived from such samples. The article concludes that existing legal and ethical frameworks are inadequate to address Native peoples' rights to their genetic resources and (...) suggests an intercultural framework for accommodation based on theories of intergroup equality and fundamental human rights. (shrink)

Our society currently faces many complex and perplexing issues related to biotechnology, including the need to define the outer boundaries of genetic research on human beings and the need to protect individual and group rights to human tissue and the knowledge gained from the study of that tissue. Scientists have increasingly become interested in studying so-called “population isolates” to discover the nature and location of genes that are unique to particular groups. Indigenous peoples are often targeted by scientists because (...) “the relative isolation of the communities ensures minimal gene flow.” Such studies raise a number of issues related to privacy rights, property rights, informed consent, and group rights versus individual rights. These issues recently came to light in a case brought by the Havasupai Tribe and its members over the use of blood samples, handprints, and genealogy information initially taken by researchers at Arizona State University for a diabetes project. These materials were then allegedly used by researchers at ASU and other institutions for a multitude of unauthorized purposes, including research into the frequency of mental health disorders and the origin of human populations. Consequently, the affected members sued for damages under several legal theories. However, underlying all of these claims was the allegation that this unauthorized use of genetic resources and data not only injured the individuals who gave samples, but also caused a collective harm to the Havasupai Tribe and the cultural and spiritual beliefs of its members. (shrink)

The Convention on Biological Diversity and its Nagoya Protocol established an Access and Benefit Sharing system between utilizers and providers of genetic resources. ABS is understood as a tool that should promote commutative justice between the involved parties. This essay discusses what exactly it is that is being exchanged in the ABS process. It critically analyses moral claims to compensation that are implied by the ABS system for genetic resources. It argues that with the exception of (...) cases in which traditional knowledge is involved, states are not automatically entitled to compensation in return for the utilization of genetic resources growing within their territory. However, biodiversity-rich states that make an effort to protect biodiversity must be compensated for complying with the requests set out in the CBD. Although it acknowledges that the NP is a step towards recognizing this claim, this essay argues that ABS is not the appropriate method to compensate for biodivers... (shrink)

Genetic resources are a key resource for much biomedical research. Pathogenic genetic resources are of value in the identification, surveillance, understanding, and development of vaccines, treatments, and other responses to major public threats such as pandemic influenza outbreaks. Significant attempts have been made to improve the international governance of infectious disease over the last decade, but the handling of pathogenic genetic resources remains contentious and problematic. The need to address the deficiencies in current arrangements (...) (e.g., the World Health Organization's Pandemic Influenza Preparedness Framework) is urgent because future outbreaks are likely to revert to the past situation in which developed states secured vaccine supplies for their own populations while leaving developing countries vulnerable to the pandemic. Thereby, the collaboration of developed countries with vital international systems such as the Global Influenza Surveillance and Response System is disincentivized. The current international approach to pathogenic genetic resources is based on the sovereign rights of states and access and benefit-sharing arrangements that stem from those rights. While this approach is consistent with international rules on other types of genetic resources, herein I argue that this is an inappropriate approach to pathogens on both political (serving public health goals) and ethical grounds (e.g., equity and justice). Instead I argue for a (modified) common heritage approach to pathogenic genetic resources, based on their intrinsic qualities (e.g., rapid mutation, easy transmissibility) and their value to global efforts to respond to disease outbreaks. I will further argue for de-linking access to these resources from benefit-sharing requirements; explaining that while there are strong justifications for both, their linkage (particularly for pathogenic genetic resources) is problematic and detrimental to the achievement of its intended goals (i.e., ensuring equitable benefit-sharing in return for access being granted). (shrink)

The existence of sovereign rights over genetic resources is today well recognized in international law. However, the legal status of such resources in terms of property rights is still unclear. The consideration of this issue requires a clear distinction between physical and intangible property. Legislation in developed countries has extended patent protection to genetic resources, in addition to the protection of plant varieties via breeders' rights. The extension of protection and the implementation of the TRIPs (...) Agreement may have important implications for breeding programs and trade in seeds. While intellectual property protection of genetic resources is rapidly advancing, considerable work is still to be done to ensure the compensation for the informal innovations made by local and indigenous communities. (shrink)

This book highlights some of the principles which should be considered by planners, legislative drafters, and policy-makers as they work to develop legal frameworks on access to genetic resources in their countries. Contextual information on the Convention on Biological Diversity and examples of how countries have approached the issue to date are provided.

This article explores the relation between innovation and resources that are governed as commons by looking at the governance of potato genetic resources, especially in the context of the emergence ofhybrid diploid potato breedingthat will enable potato propagation through true seeds. As a new breeding tool, hybrid diploid potato breeding may not only revolutionize traditional potato breeding practices, it may also strongly affect current governance modes of potato genetic resources as a commons. Contrary to conventional (...) accounts of the commons that treat technological innovation mainly as an exogenous factor, we argue that technological innovation can better be understood as an endogenous factor. In particular, we develop aco-production frameworkof innovation and the commons that draws attention to the different ways in which innovation, commons and its governance interact. Using this framework, we demonstrate that the constitution of potato genetic resources as a commons cannot be understood without considering the various ways in which technological innovation affects resources and mediate how these are governed. While reversely, technological innovations themselves are also enabled and constrained by users who govern potato genetic resources as a shared resource. We argue that changes in the governance of genetic resources can be understood as a change from one socio-technical constellation to another, whereby innovations, resources, and institutions are continuously co-produced. (shrink)

Unauthorized appropriation of geneticresources has been described by the term``biopiracy.'' Technological breakthroughsincluding biotechnological applications canincrease considerably the instrumental value ofbiodiversity as new products or products withnew properties can be made. Nevertheless, itappears that, in most cases, the properties inquestion were already known to the indigenouspeople and used for centuries. The analysisdiscusses both from an economic and an ethicalperspective whether it is just that traditionalknowledge is rewarded. As the conflictintensifies over questions of ownership andcontrol of biological materials, IntellectualProperty Rights are at (...) the center ofcontroversies. The current global systemgoverning biotechnology has largely been shapedby Western expectations and valuations andconsequently has drawn severe criticism. Thecritics doubt both the stability andsustainability of the current patent system andargue for restructuring through benefit-sharingsystems in order to address some of theexisting inequalities. With the help of a casestudy (US patent no. 5,751 on ayahuasca) thetheoretical notion of biopiracy is applied toreal problems. (shrink)

Collaborative research practices in the field of plant genetic resources must follow the principles of fairness and equity as defined in the Convention on Biological Diversity (CBD) and in the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA). In this context the concepts of fairness and equity generally refer to the substantive and procedural dimensions associated with sharing the benefits of this research. But neither term is clearly defined by these international treaties, and (...) the meanings attributed to the concepts vary among different societies. This paper looks at the question of how to account for the diversity among value systems when conducting research that implicates diverse stakeholders and respects the requirements of fairness and equity. We incorporated an auto-ethnography method developed as part of a multi-stakeholder network involved in research projects on plant genetic resources in West Africa. A theatrical device was used as a framework for testing the principles of fairness and equity, helping us to collectively identify feelings of injustice, and explore the conditions for making collaborative research practices more ethical in ways that respect the perspectives of different stakeholders. In an environment of extensive political and socio-cognitive inequality, this approach makes it possible to explain the criteria relating to interactional justice and expectations in terms of socio-political and socio-emotional benefits. It also invites us to consider the principles of fairness and equity in a framework of ethical competence that goes beyond international directives. (shrink)

Genetic modification of crop plants is frequently described by its proponents as a continuation of the ancient process of domestication. While domestication, crop breeding, and GM all modify the genomes and phenotypes of plants, GM fundamentally differs from domestication in terms of the biological and sociopolitical processes by which change occurs, and the subsequent impacts on agrobiodiversity and seed sovereignty. We review the history of domestication, crop breeding, and GM, and show that crop breeding and (...) GM are continuous with each other in many important ways, but represent a momentous break from domestication because they move plant evolution off of farms and into centralized institutions. The social contexts in which these processes unfold dictate who holds rights to germplasm and agricultural knowledge, shape incentives to effect particular kinds of changes in our crops, and create or constrict biodiversity. Presenting GM as a continuation of domestication puts forward a false equivalency that fundamentally misrepresents how domestication, crop breeding, and GM occur. In doing so, this narrative diminishes public understanding of these important processes and obscures the effects of industrial agriculture on in situ biodiversity and the practice of farming. This misrepresentation is used in public-facing science communication by representatives of the biotechnology industry to silence meaningful debate on GM by convincing the public that it is the continuation of an age-old process that underlies all agricultural societies. (shrink)

The public controversy over genetically modified crops is predominantly framed in terms of concerns over health and safety. Within this framing, the primary point of controversy is whether GM foods are likely to cause bio-physiological injury or disease to human consumers; a secondary issue, but one that still fits within the health and safety framing, is whether the cultivation of GM crops is likely to cause bio-physiological injury or disease to non-target species or ecosystems more broadly. Proponents of the development (...) and... (shrink)

Genetically engineered organisms have been at the center of ethical debates among the public and regulators over their potential risks and benefits to the environment and society. Unlike the currently commercial GE crops that express resistance or tolerance to pesticides or herbicides, a new GE crop produces two bioactive nutrients and docosahexaenoic acid ) that heretofore have largely been produced only in aquatic environments. This represents a novel category of risk to ecosystem functioning. The present paper describes why growing (...) oilseed crops engineered to produce EPA and DHA means introducing into a terrestrial ecosystem a pair of highly bioactive nutrients that are novel to terrestrial ecosystems and why that may have ecological and physiological consequences. More importantly perhaps, this paper argues that discussion of this novel risk represents an opportunity to examine the way the debate over genetically modified crops is being conducted. (shrink)

Building on the evidence from the impact of hybrid technology on varietal diversity loss, this paper explores ex ante the possible effects of introduction of Bt eggplant on on-farm varietal diversity of eggplant. The public–private partnership involved in the development and introduction of Bt eggplant provides a great opportunity to develop locally-adapted Bt open-pollinated varieties (OPVs) instead of having a limited number of generic hybrid varieties. The study shows that introduction of multiple Bt OPVs by public institutions will reduce the (...) rate of replacement of OPVs by hybrids and thus help in conserving varietal diversity. However, the cost of developing multiple Bt OPVs is high; hence policy makers need to look at alternative measures to maintain the varietal diversity of crops such as eggplant in its centers of diversity. (shrink)