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Washington University in St. Louis

Washington University Journal of Law & Policy

International Law

International

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Articles 1 - 7 of 7

Full-Text Articles in Law

The Fao Multilateral System For Plant Genetic Resources For Food And Agriculture: Better Than Bilateralism?, Muriel Lightbourne Jan 2009

The Fao Multilateral System For Plant Genetic Resources For Food And Agriculture: Better Than Bilateralism?, Muriel Lightbourne

Washington University Journal of Law & Policy

Because innovation cycles in the plant breeding industry require five to fifteen years to create new stable varieties, the Multilateral System will not start producing effects for a few more years. However, the share of benefits derived from the commercialization of plant genetic resources that incorporate genetic material accessed from the Multilateral System should be fairly limited pursuant to the provisions of the Standard Material Transfer Agreement adopted by the International Treaty Governing Body in June 2006. This seems to vindicate the position of China and Ethiopia, which consisted of maintaining soybean and coffee outside the Multilateral System. Part I ...


The Interface Of Open Source And Proprietary Agricultural Innovation: Facilitated Access And Benefit-Sharing Under The New Fao Treaty, Charles R. Mcmanis, Eul Soo Seo Jan 2009

The Interface Of Open Source And Proprietary Agricultural Innovation: Facilitated Access And Benefit-Sharing Under The New Fao Treaty, Charles R. Mcmanis, Eul Soo Seo

Washington University Journal of Law & Policy

This Article will critically examine how effectively the new ITPGRFA combines these open source and proprietary elements and will conclude by comparing this commendable, albeit imperfect, Multilateral System with its potentially bipolar alternative—namely, the continuation of current controversies over the patentability of genetic materials and over reactive assertions of sovereignty over plant genetic resources.


Indian Givers: What Indigenous Peoples Have Contributed To International Human Rights Law, S. James Anaya Jan 2006

Indian Givers: What Indigenous Peoples Have Contributed To International Human Rights Law, S. James Anaya

Washington University Journal of Law & Policy

The remarks that follow summarize how the claims of indigenous peoples have not only taken advantage of changes in the character of international law but have also contributed to those changes, particularly in the area of human rights. These changes are beneficial not just for indigenous peoples themselves but the humanity more broadly. Part I describes the nature of disparate international legal arguments employed by indigenous peoples and how those arguments have tended toward a human rights discourse. Part II discusses specific ways in which the indigenous human rights discourse has contributed to the evolution of international human rights law.


Regulating Environmental And Safety Hazards Of Agricultural Biotechnology For A Sustainable World, George Van Cleve Jan 2002

Regulating Environmental And Safety Hazards Of Agricultural Biotechnology For A Sustainable World, George Van Cleve

Washington University Journal of Law & Policy

This Essay first presents an overview of key legal principles that support sustainability. This Essay then reviews the major alleged risks of agricultural biotechnology. It then describes the existing U.S. and European agricultural biotechnology regulatory system designed to control those risks. Next, this Essay analyzes the existing U.S. regulatory system using sustainability principles. In the course of that analysis, this Essay considers lessons to be derived from three case studies: the permitting of Starlink™ corn, the discovery of Mexican maize containing genetically engineered corn genes, and the possible permitting of transgenic salmon for ocean fish farming. This Essay ...


Information Based Regulation And International Trade In Genetically Modified Agricultural Products: An Evaluation Of The Cartagena Protocol On Biosafety, Michael P. Healy Jan 2002

Information Based Regulation And International Trade In Genetically Modified Agricultural Products: An Evaluation Of The Cartagena Protocol On Biosafety, Michael P. Healy

Washington University Journal of Law & Policy

This Essay considers the regulation of international trade in genetically modified agricultural products. Specifically, it addresses both products released into the environment as seeds and products intended for consumption as food. The first part of the Essay describes the significance of genetically modified organisms (GMOs) in modern agriculture, especially agriculture in the United States. This discussion summarizes the risks and potential benefits associated with the use of agricultural GMOs, especially the risks and benefits related to biodiversity. The Essay then briefly describes the approaches to the regulation of these products adopted in the Cartagena Protocol to the Convention on Biological ...


Ups And Downs In Un History, Richard C. Hottelet Jan 2001

Ups And Downs In Un History, Richard C. Hottelet

Washington University Journal of Law & Policy

A peaceful world order was for centuries a noble, yet unattainable ideal, until President Woodrow Wilson called for action in the last year of the First World War. Sickened by four years of slaughter on the battlefields of Europe, the victors wrote a Covenant of the League of Nations into the Treaty of Versailles. It was the kiss of death. The Treaty was a nineteenth century peace—vengeful, greedy, and fearridden, which registered only the absence of any ethical and political architecture for a new era. The Senate and the people of the United States promptly rejected both the Treaty ...


Appraising Un Justice-Related Fact-Finding Missions, M. Cherif Bassiouni Jan 2001

Appraising Un Justice-Related Fact-Finding Missions, M. Cherif Bassiouni

Washington University Journal of Law & Policy

Shakespeare wrote that a rose by any other name is still a rose. But in the United Nations (UN), a fact-finding mission, notwithstanding its name, is not necessarily a fact-finding mission.