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This chapter explores whether and how genomic resources can be protected by the communities from, or countries in which they are accessed. Specifically, it asks whether the Nagoya Protocol on Access and Benefit-Sharing can be an effective mechanism to reassure communities about the sharing of gene sequencing data. These questions are of particular importance to Indigenous peoples and local communities, as many have troubling historical experiences with colonization and associated natural resource exploitation. Many Indigenous and local communities (ILCs) live in developing countries, which are particularly sensitive to access and benefit-sharing (ABS) issues. Different but equally serious challenges exist for Indigenous peoples in developed countries like Canada, Australia, New Zealand and elsewhere. Until outcomes of implementation of the Nagoya Protocol are captured, Indigenous peoples and Local Communities (IPLCs) remain in a quandary as to how to protect digitized genetic resources within their territories or under their jurisdiction. To advance our understanding of legal and regulatory options, this chapter integrates normative and positive perspectives on the mechanisms for access and benefit-sharing in the age of digital biology.
The colourful world of systematic risk analysis has just had its 25th birthday. In 1983 the US National Research Council issued the now famous Red Book, which laid out the foundation for the global risk analysis framework. This was modified in 1993 with the Blue Book and in 1996 by the Orange Book, which together contributed to the current stoplight risk analysis system (with green, yellow or red decisions) that operates in most developed countries. With the expansion of risky possibilities and the extension of the use of the risk analysis framework to new areas, the system at times seems to have degenerated at times into a debate that can be characterized as a mix of black and white positions mediated by complex shades of grey realities. This paper examines the underlying principles of risk analysis, the operation of the current systems of risk analysis and the challenges of emerging risks for both citizens, consumers, producers and regulators
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