The Global Governance of Genetic Resources: Institutional Change and Structural Constraints

197 Pages·2017·2.312 MB·English

by  Florian Rabitz

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“In The Global Governance of Genetic Resources Florian Rabitz deals with ut-
terly pressing issues in international politics today, while making a significant
contribution to the scholarly literature on institutional complexity and institu-
tional change. The book intelligently engages with contemporary problems of
our time; it promises a lasting impact on our ability to understand why and how
international institutions evolve.”
Prof. Dr. Cristiane Lucena, Institute for International
Relations, University of São Paulo
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0 “Academic interest in various forms of institutional change that are provoked
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y by overlapping international institutions has increased sharply in recent years.
Ma Academic journals have been accommodating a vibrant debate among IR schol-
1 ars. Florian Rabitz enriches this debate by having written one of the first books
1 that tackles this important phenomenon. Rabitz develops a novel and compelling
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5 theoretical account of different forms of institutional change unfolding within
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8 regime complexes, which he applies carefully to the global governance of genetic
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t resources. This book is not to be missed by those interested in the implications of
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] institutional complexity on global governance from a theoretical angle, much less
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g by the ones keen to know more about the global governance of genetic resources
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Di from an empirical point of view.”
n Dr. Benjamin Faude, WZB Berlin Social Science
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S Center, Research Unit “Global Governance”
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n “Crossing disciplinary boundaries, Florian Rabitz explores how and why inter-
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f national institutions governing genetic resources evolve. He convincingly argues
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al that patterns of interests and interdependence among states explains changes
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f at the Convention on Biological Diversity, the World Trade Organization, the
o Food and Agriculture Organization, the World Health Organization, and other
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t institutions governing genetic resources. Combining theoretical rigor and em-
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r pirical insight, The Global Governance of Genetic Resources offers a dynamical
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i representation of international negotiations. This book will be of interest to po-
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U litical scientists, legal scholars, economists, and professionals working on global
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y governance.”
b Prof. Dr. Jean-Frédéric Morin, Canada Research Chair
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e in International Political Economy, University of Laval
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The Global Governance
of Genetic Resources
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1 Multi-institutional governance architectures are increasingly common in world
1 politics, yet how do they evolve over time? This book develops a fresh conceptual
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5 approach by distinguishing two main types of institutional change and propos-
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8 ing the strategic context within which governments make decisions regarding
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t international cooperation as the main driving factor. Applying this theoretical
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] framework to the case of genetic resources, it shows how the scope for change
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g has persistently been circumscribed by asymmetries in the global biotechnology
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Di sector. Taking a broad view of the underlying technological, legal and economic
n factors, the book analyzes the formation of international regimes linking access
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S to genetic resources to the fair and equitable sharing of the benefits arising out
a, of their utilization. Covering negotiations in the areas of seeds, intellectual prop-
i
n erty rights, pandemic influenza viruses and marine genetic resources, the au-
r
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f thor shows how governments have persistently faced the problem of ensuring
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al co operation among actors with widely differing interests. This led them to opt
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f for a strategy of institutional layering, whereby new international instruments
o are gradually built upon pre-existing ones. In addition to giving a comprehensive
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t overview of the international governance of Access and Benefit-sharing within
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r the wider context of modern biotechnology, the argument developed here enables
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i a new perspective for studying institutional change in multi-institutional govern-
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U ance architectures.
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b Florian Rabitz is a postdoctoral researcher at Kaunas University of Technol-
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e ogy. He has previously taught at the University of São Paulo and holds a PhD in
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a political science from the Free University of Brussels. His research focuses on
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nl international institutions and institutional change in global environmental gov-
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ernance. Previous work has appeared in outlets such as Futures, the Journal of
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D International Relations and Development, Third World Quarterly and the Jour-
nal of European Public Policy.
Global Environmental Governance
Series Editors: John J. Kirton, Miranda Schreurs
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1 Global Environmental Governance addresses the new generation of twenty-first
1 century environmental problems and the challenges they pose for management
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5 and governance at the local, national, and global levels. Centered on the relation-
:
8 ships among environmental change, economic forces, and political governance,
0
t the series explores the role of international institutions and instruments, national
a
] and sub-federal governments, private sector firms, scientists, and civil society
o
g and provides a comprehensive body of progressive analyses on one of the world’s
e
Di most contentious international issues.
n
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S Most recent titles
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The Global Governance
of Genetic Resources
Institutional Change and Structural
Constraints
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Florian Rabitz
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First published 2017
by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
and by Routledge
711 Third Avenue, New York, NY 10017
Routledge is an imprint of the Taylor & Francis Group,
an informa business
© 2017 Florian Rabitz
The right of Florian Rabitz to be identified as author of this work has
7 been asserted by him in accordance with sections 77 and 78 of the
1
0 Copyright, Designs and Patents Act 1988.
2
y All rights reserved. No part of this book may be reprinted or reproduced
a or utilised in any form or by any electronic, mechanical, or other means,
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now known or hereafter invented, including photocopying and recording,
1 or in any information storage or retrieval system, without permission in
1
9 writing from the publishers.
5 Trademark notice: Product or corporate names may be trademarks
:
8 or registered trademarks, and are used only for identification and
0
t explanation without intent to infringe.
a
] British Library Cataloguing-in-Publication Data
o A catalogue record for this book is available from the British Library
g
e
i Library of Congress Cataloging-in-Publication Data
D
Names: Rabitz, Florian.
n Title: The global governance of genetic resources: institutional change
a
S and structural constraints / Florian Rabitz.
a, Description: Abingdon, Oxon; New York, NY: Routledge, 2017. |
i Series: Global environmental governance | Includes bibliographical
n
r references and index.
o
f Identifiers: LCCN 2016048055 | ISBN 9781138281110 (hardback) |
li ISBN 9781315271316 (e-book)
a
C Subjects: LCSH: Germplasm resources. | Germplasm resources,
f Animal. | Germplasm resources, Plant. | Animal genetics. | Plant
o genetics. | Biotechnology.
y Classification: LCC QH430 .R33 2017 | DDC 333.95/34—dc23
t
si LC record available at https://lccn.loc.gov/2016048055
r
e
v ISBN: 978-1-138-28111-0 (hbk)
ni ISBN: 978-1-315-27131-6 (ebk)
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[ Typeset in Times New Roman
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Contents
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1 List of figures and tables viii
1 List of acronyms ix
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5 Acknowledgements x
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] 1 Introduction 1
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Di 2 Regime complexity and institutional change 9
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S 3 Genetic resources and biotechnology 28
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C 5 Plant genetic resources for food and agriculture 58
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y 6 Biopiracy 87
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v 7 Viral genetic resources 109
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e 9 Conclusions 151
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w Bibliography 159
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D Index 185
Figures and tables
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1 Figures
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9 5.1 Annex I PGRFA holdings by provider 63
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: 5.2 Patent publications on plant breeding technologies by
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0 applicants’ country of residence, 1994–2001 65
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a 6.1 Global biotechnology patent grants by origin, 2000 and 2010 90
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o 7.1 Patent grants on pandemic influenza preparedness materials 113
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e 8.1 Patent claims on marine genes by origin 136
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S Tables
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i 2.1 Types of institutional change 14
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or 5.1 Top 5 holders of selected cash crops 64
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Acronyms
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1 ABNJ Areas Beyond National Jurisdiction
1 ABS Access and Benefit-sharing
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5 ABSWG Ad Hoc Open-ended Working Group on Access and Benefit-sharing
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8 CBD Convention on Biological Diversity
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t COP Conference of the Parties
a
] FAO Food and Agriculture Organization
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g GISN Global Influenza Surveillance Network
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Di GISRS Global Influenza Surveillance and Response System
n ICP Open-ended Informal Consultative Process
a
S IGC Intergovernmental Committee on Intellectual Property and
a, Genetic Resources, Traditional Knowledge and Folklore
i
n IGM Intergovernmental Meeting
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f IHRs International Health Regulations
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al ISA International Seabed Authority
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f MGR Marine Genetic Resources
o PCT Patent Cooperation Treaty
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t PGRFA Plant Genetic Resources for Food and Agriculture
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r PIP Pandemic Influenza Preparedness
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i PrepCom Preparatory Committee Established by the UN General Assembly
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U Resolution 69/292
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y SMTA Standard Material Transfer Agreement
b SPLT Substantive Patent Law Treaty
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e TRIPS Agreement on Trade-related Aspects of Intellectual Property Rights
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a UNCLOS United Nations Convention on the Law of the Sea
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nl WG-BBNJ Ad Hoc Open-ended Informal Working Group to Study Issues
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Relating to the Conservation and Sustainable Use of Marine
o
D Biological Diversity Beyond Areas of National Jurisdiction
WHO World Health Organization
WIPO World Intellectual Property Organization
WTO World Trade Organization