Realizing the objectives of public international environmental law through private contracts: the need for a dialogue with private international law scholars

Research output: Chapter in Book/Report/Conference proceedingChapter

Abstract

This chapter maps little-studied interactions between public and private international law by comparing experiences in using private contracts to specify the meaning of international environmental treaty objectives that relate to equity (namely, fair and equitable benefit-sharing). In particular, the chapter contrasts two possible approaches in relying on private contracts: a bilateral approach – that is, reliance on ad hoc contracts under the Nagoya Protocol on Access to Genetic Resources and Benefit-sharing (ABS) under the Convention on Biological Diversity (CBD) – and a multilateral approach, namely reliance on standardised contractual clauses that have been developed intergovernmentally under the International Treaty on Plant Genetic Resources for Food and Agriculture (International Treaty). In both cases, private contracts have played a key role in specifying the meaning of certain obligations that were left vague in the treaty text in relation to the objective of equity.
LanguageEnglish
Title of host publicationLinkages and Boundaries in Private and Public International Law
EditorsVeronica Ruiz Abou-Nigm , Kasey McCall Smith , Duncan French
Place of PublicationLondon
Chapter8
Number of pages17
Publication statusPublished - 26 Jul 2018

Fingerprint

private law
environmental law
international law
dialogue
international agreement
treaty
equity
resources
obligation
agriculture
food
interaction
experience

Keywords

  • international law
  • private contracts
  • environmental treaties

Cite this

Morgera, E., & Gillies, L. (2018). Realizing the objectives of public international environmental law through private contracts: the need for a dialogue with private international law scholars. In V. Ruiz Abou-Nigm , K. McCall Smith , & D. French (Eds.), Linkages and Boundaries in Private and Public International Law London.
Morgera, Elisa ; Gillies, Lorna. / Realizing the objectives of public international environmental law through private contracts : the need for a dialogue with private international law scholars. Linkages and Boundaries in Private and Public International Law. editor / Veronica Ruiz Abou-Nigm ; Kasey McCall Smith ; Duncan French. London, 2018.
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Morgera, E & Gillies, L 2018, Realizing the objectives of public international environmental law through private contracts: the need for a dialogue with private international law scholars. in V Ruiz Abou-Nigm , K McCall Smith & D French (eds), Linkages and Boundaries in Private and Public International Law. London.

Realizing the objectives of public international environmental law through private contracts : the need for a dialogue with private international law scholars. / Morgera, Elisa; Gillies, Lorna.

Linkages and Boundaries in Private and Public International Law. ed. / Veronica Ruiz Abou-Nigm ; Kasey McCall Smith ; Duncan French. London, 2018.

Research output: Chapter in Book/Report/Conference proceedingChapter

TY - CHAP

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AB - This chapter maps little-studied interactions between public and private international law by comparing experiences in using private contracts to specify the meaning of international environmental treaty objectives that relate to equity (namely, fair and equitable benefit-sharing). In particular, the chapter contrasts two possible approaches in relying on private contracts: a bilateral approach – that is, reliance on ad hoc contracts under the Nagoya Protocol on Access to Genetic Resources and Benefit-sharing (ABS) under the Convention on Biological Diversity (CBD) – and a multilateral approach, namely reliance on standardised contractual clauses that have been developed intergovernmentally under the International Treaty on Plant Genetic Resources for Food and Agriculture (International Treaty). In both cases, private contracts have played a key role in specifying the meaning of certain obligations that were left vague in the treaty text in relation to the objective of equity.

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Morgera E, Gillies L. Realizing the objectives of public international environmental law through private contracts: the need for a dialogue with private international law scholars. In Ruiz Abou-Nigm V, McCall Smith K, French D, editors, Linkages and Boundaries in Private and Public International Law. London. 2018