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Chakraborty, Sagnik and Saha, Pratyayee (2024) Navigating Bio-piracy and Bio-prospecting: Evaluating Ethical, Legal, and Environmental Impacts on Indigenous Communities and the Efficacy of International Legal Frameworks. Asian Journal of Advances in Research, 7 (1). pp. 570-578.

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Abstract

Bio-piracy is the criminal act of studying biological resources and utilizing this traditional knowledge without any authorization. This exerts tremendous influence on indigenous people culturally, economically, AND ENVIRONMENTALLY. The reverberations of such actions can be felt in our cultural heritage, amplifying economic inequalities and environmental degradation. However, if such activities are conducted ethically, showcasing respect for Indigenous rights - resulting in fair benefit-sharing, a very strong potential exists for both sustainable development and scientific advancement. This paper evaluates the impact of bio-piracy on indigenous communities. It focuses on explaining the ethical and legal issues concerning bioprospecting and bio-piracy and lends itself to ascertaining the effectiveness of prevalent international legal regimes in handling these subjects.

International regimes such as the Convention on Biological Diversity (CBD) and the Nagoya Protocol are crucial in laying down the foundation in the fight against bio-piracy, but they are nonetheless bludgeoned by issues pertaining to enforcement and benefit-sharing equity. Intellectual property rights, particularly in terms of patents, add yet another layer of complication to the issue at hand and may lead to the monopolization of resources that Indigenous communities have been using for centuries, bleeding them dry.

While appreciating the current regime, these findings suggest the need for holistic measures to combat bio-piracy. It places emphasis on developing standards that consider the collective nature of traditional knowledge holders, strengthen legal protection, and engender inclusive dialogue. It is very important to protect both cultural and biological diversity, which Indigenous communities have conserved for generations, to facilitate a just and sustainable future for all.

Item Type: Article
Subjects: GO for ARCHIVE > Multidisciplinary
Depositing User: Unnamed user with email support@goforarchive.com
Date Deposited: 28 Oct 2024 05:07
Last Modified: 28 Oct 2024 05:07
URI: http://eprints.go4mailburst.com/id/eprint/2413

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