Agrobiodiversity And The Law

A wide range of crop genetic resources is vital for future food security. Loss of agricultural biodiversity increases the risk of relying on a limited number of staple food crops. However, many laws, such as seed laws, plant varieties protection and access and benefit-sharing laws, have direct impacts on agrobiodiversity, and their effects have been severely underestimated by policy-makers. This is of concern not only to lawyers, but also to agronomists, biologists, and social scientists, all of whom need clear guidance as to the relevance of the law to their work. This book analyzes the impact of the legal system on agrobiodiversity (or agricultural biodiversity) – the diversity of agricultural species, varieties, and ecosystems. Using an interdisciplinary approach, it takes up the emerging concept of agrobiodiversity and its relationship with food security, nutrition, health, environmental sustainability, and climate change. It assesses the impacts on agrobiodiversity of key legal instruments, including seeds laws, the International Convention for the Protection of New Varieties of Plants, plant breeders’ rights, the Convention on Biological Diversity (regarding specifically its impact on agrobiodiversity), and the International Treaty on Plant Genetic Resources for Food and Agriculture. It also reviews the options for the implementation of these instruments at the national level in several countries. It discusses the interfaces between the free software movement, the ‘commons’ movement, and seeds, as well as the legal instruments to protect cultural heritage and their application to safeguard agrobiodiversity-rich systems. Finally, it analyzes the role of protected areas and the possibility of using geographical indications to enhance the value of agrobiodiversity products and processes.

Agrobiodiversity and agroecology go hand-in-hand in promoting environmental resilience in international food systems as well as climate change resilient food policy. This book contextualizes how various legal frameworks address agrobiodiversity and agroecology around the globe and makes it accessible for audiences of students, practitioners, educators, and scholars. Some chapters focus on the legal regulation of agroecology from a food law perspective. Others are geared toward providing regulators, lawmakers and attorneys with the scientific and policy background of those concepts, so that they are equipped in the field of food law in everyday practice and policy. Climate change dimensions of the issues are woven throughout the book.

There is much current controversy over whether the rights to seeds or plant genetic resources should be owned by the private sector or be common property. This book addresses the legal and policy aspects of the multilateral seed management regime. First, it studies in detail the International Treaty on Plant Genetic Resources for Food and Agriculture (the Treaty) in order to understand and identify its dysfunctions. Second, it proposes solutions - using recent developments of the "theory of the commons" - to improve the collective seed management system of the Treaty, a necessary condition for its member states to reach the overall food security and sustainable agriculture goals. Redesigning the Global Seed Commons provides a significant contribution to the current political and academic debates on agrobiodiversity law and governance, and on food security and food sovereignty, by analyzing key issues under the Treaty that affect the design and implementation of regulatory instruments managing seeds as a commons. It also examines the practical, legal, political and economic problems encountered in the attempt to implement these obligations in contemporary settings. In particular, it considers how to improve the Treaty implementation by proposing ways for Contracting Parties to better reach the Treaty’s objectives taking a holistic view of the human-seed ecosystem. Following the tenth anniversary of the functioning the Treaty’s multilateral system of access and benefit-sharing, which is currently under review by its Contracting Parties, this book is well-timed to examine recent developments in the field and guide the current review process to design a truly Global Seed Commons.

Experts discuss the challenges faced in agrobiodiversity and conservation, integrating disciplines that range from plant and biological sciences to economics and political science. Wide-ranging environmental phenomena—including climate change, extreme weather events, and soil and water availability—combine with such socioeconomic factors as food policies, dietary preferences, and market forces to affect agriculture and food production systems on local, national, and global scales. The increasing simplification of food systems, the continuing decline of plant species, and the ongoing spread of pests and disease threaten biodiversity in agriculture as well as the sustainability of food resources. Complicating the situation further, the multiple systems involved—cultural, economic, environmental, institutional, and technological—are driven by human decision making, which is inevitably informed by diverse knowledge systems. The interactions and linkages that emerge necessitate an integrated assessment if we are to make progress toward sustainable agriculture and food systems. This volume in the Strüngmann Forum Reports series offers insights into the challenges faced in agrobiodiversity and sustainability and proposes an integrative framework to guide future research, scholarship, policy, and practice. The contributors offer perspectives from a range of disciplines, including plant and biological sciences, food systems and nutrition, ecology, economics, plant and animal breeding, anthropology, political science, geography, law, and sociology. Topics covered include evolutionary ecology, food and human health, the governance of agrobiodiversity, and the interactions between agrobiodiversity and climate and demographic change.

The joint challenges of population increase, food security and conservation of agrobiodiversity demand a rethink of plant breeding and agricultural research from a different perspective. While more food is undeniably needed, the key question is rather about how to produce it in a way that sustains biological diversity and mitigates climate change. This book shows how social sciences, and more especially law, can contribute towards reconfiguring current legal frameworks in order to achieving a better balance between the necessary requirements of agricultural innovation and the need for protection of agrobiodiversity. On the assumption that the concept of property can be rethought against the background of the 'right to include', so as to endow others with a common 'right to access' genetic resources, several international instruments and contractual arrangements drawn from the plant-breeding field (including the Convention on Biological Diversity, technology exchange clearing houses and open sources licenses) receive special consideration. In addition, the authors explore the tension between ownership and the free circulation and exchange of germplasm and issues such as genetic resources managed by local and indigenous communities, the ITPGRFA and participatory plant-breeding programmes. As a whole, the book demonstrates the relevance of the 'Commons' for plant breeding and agricultural innovation.

Our food and livelihood security depend on the sustained management of the diverse biological resources that make up the Earth's plant genetic resources. This book is about the creation, management and use of the global crop commons, based upon the International Treaty on Plant Genetic Resources for Food and Agriculture.

Farmers play a crucial role in the preservation and sustainable use of agrobiodiversity. In fact, the diversity of species that support our current agricultural production systems has been carefully managed and shaped by farming communities, over the course of the history of humankind. Farmers act as custodian of the Earth’s agrobiodiversity resources, and play a big part in preserving traditional plant and animal varieties, and the knowledge associated with these. FAO has long been working on promoting approaches to agriculture that enable both the sustainable use of biodiversity resources for food and agriculture, and their conservation, and on supporting farmers to make informed decisions on their farm management and production practices. This training manual fits in this broader commitment, to support a shift towards a paradigm of agricultural production that can sustain food and nutrition security while at the same time cause the least harm to natural ecosystems. The manual is intended as an introduction to agricultural biodiversity, and to its relevance to different aspects of agricultural production and management for smallholder farmers in Kenya. It includes eight different training modules, each covering a specific aspect related to agrobiodiversity. The modules are standalone and can be used independently one from the other, depending on the user’s or project’s aim. The materials were originally prepared within the FAO- Netherlands Partnership Programme (FNPP) and have been updated, revised and published under the second phase of the European Union-funded project “Capacity-building related to multilateral environmental agreements (MEAs) in Africa, Caribbean and Pacific (ACP) countries”.