The Protection of Traditional Knowledge Associated with Genetic Resources: The Role of Databases and Registers

"The Protection of Traditional Knowledge Associated with Genetic Resources: The Role of Databases and Registers" ABSTRACT Yovana Reyes Tagle The misappropriation of TK has sparked a search for national and international laws to govern the use of indigenous peoples knowledge and protection against its commercial exploitation. There is a widespread perception that biopiracy or illegal access to genetic resources and associated traditional knowledge (TK) continues despite national and regional efforts to address this concern. The purpose of this research is to address the question of how documentation of TK through databases and registers could protect TK, in light of indigenous peoples increasing demands to control their knowledge and benefit from its use. Throughout the international debate over the protection of TK, various options have been brought up and discussed. At its core, the discussion over the legal protection of TK comes down to these issues: 1) The doctrinal question: What is protection of TK? 2) The methodological question: How can protection of TK be achieved? 3) The legal question: What should be protected? And 4) The policy questions: Who has rights and how should they be implemented? What kind of rights should indigenous peoples have over their TK? What are the central concerns the TK databases want to solve? The acceptance of TK databases and registers may bring with it both opportunities and dangers. How can the rights of indigenous peoples over their documented knowledge be assured? Documentation of TK was envisaged as a means to protect TK, but there are concerns about how documented TK can be protected from misappropriation. The methodology used in this research seeks to contribute to the understanding of the protection of TK. The steps taken in this research attempt to describe and to explain a) what has been done to protect TK through databases and registers, b) how this protection is taking place, and c) why the establishment of TK databases can or cannot be useful for the protection of TK. The selected case studies (Peru and Venezuela) seek to illustrate the complexity and multidisciplinary nature of the establishment of TK databases, which entail not only legal but also political, socio-economic and cultural issues. The study offers some conclusions and recommendations that have emerged after reviewing the national experiences, international instruments, work of international organizations, and indigenous peoples perspectives. This thesis concludes that if TK is to be protected from disclosure and unauthorized use, confidential databases are required. Finally, the TK database strategy needs to be strengthened by the legal protection of the TK itself.

Trade Liberalization, Heterogeneous Firms and Industrial Dynamics

This master thesis studies how trade liberalization affects the firm-level productivity and industrial evolution. To do so, I built a dynamic model that considers firm-level productivity as endogenous to investigate the influence of trade on firm’s productivity and the market structure. In the framework, heterogeneous firms in the same industry operate differently in equilibrium. Specifically, firms are ex ante identical but heterogeneity arises as an equilibrium outcome. Under the setting of monopolistic competition, this type of model yields an industry that is represented not by a steady-state outcome, but by an evolution that rely on the decisions made by individual firms. I prove that trade liberalization has a general positive impact on technological adoption rates and hence increases the firm-level productivity. Besides, this endogenous technology adoption model also captures the stylized facts: exporting firms are larger and more productive than their non-exporting counterparts in the same sector. I assume that the number of firms is endogenous, since, according to the empirical literature, the industrial evolution shows considerably different patterns across countries; some industries experience large scale of firms’ exit in the period of contracting market shares, while some industries display relative stable number of firms or gradually increase quantities. The special word “shakeout” is used to describe the dramatic decrease in the number of firms. In order to explain the causes of shakeout, I construct a model where forward-looking firms decide to enter and exit the market on the basis of their state of technology. In equilibrium, firms choose different dates to adopt innovation which generate a gradual diffusion process. It is exactly this gradual diffusion process that generates the rapid, large-scale exit phenomenon. Specifically, it demonstrates that there is a positive feedback between firm’s exit and adoption, the reduction in the number of firms increases the incentives for remaining firms to adopt innovation. Therefore, in the setting of complete information, this model not only generates a shakeout but also captures the stability of an industry. However, the solely national view of industrial evolution neglects the importance of international trade in determining the shape of market structure. In particular, I show that the higher trade barriers lead to more fragile markets, encouraging the over-entry in the initial stage of industry life cycle and raising the probability of a shakeout. Therefore, more liberalized trade generates more stable market structure from both national and international viewpoints. The main references are Ederington and McCalman(2008,2009).

A study on seismicity and seismic hazard for Karnataka State

This paper presents a detailed study on the seismic pattern of the state of Karnataka and also quantifies the seismic hazard for the entire state. In the present work, historical and instrumental seismicity data for Karnataka (within 300 km from Karnataka political boundary) were compiled and hazard analysis was done based on this data. Geographically, Karnataka forms a part of peninsular India which is tectonically identified as an intraplate region of Indian plate. Due to the convergent movement of the Indian plate with the Eurasian plate, movements are occurring along major intraplate faults resulting in seismic activity of the region and hence the hazard assessment of this region is very important. Apart from referring to seismotectonic atlas for identifying faults and fractures, major lineaments in the study area were also mapped using satellite data. The earthquake events reported by various national and international agencies were collected until 2009. Declustering of earthquake events was done to remove foreshocks and aftershocks. Seismic hazard analysis was done for the state of Karnataka using both deterministic and probabilistic approaches incorporating logic tree methodology. The peak ground acceleration (PGA) at rock level was evaluated for the entire state considering a grid size of 0.05A degrees x 0.05A degrees. The attenuation relations proposed for stable continental shield region were used in evaluating the seismic hazard with appropriate weightage factors. Response spectra at rock level for important Tier II cities and Bangalore were evaluated. The contour maps showing the spatial variation of PGA values at bedrock are presented in this work.

Forest area estimation and reporting: implications for conservation, management and REDD

Periodic estimation, monitoring and reporting on area under forest and plantation types and afforestation rates are critical to forest and biodiversity conservation, sustainable forest management and for meeting international commitments. This article is aimed at assessing the adequacy of the current monitoring and reporting approach adopted in India in the context of new challenges of conservation and reporting to international conventions and agencies. The analysis shows that the current mode of monitoring and reporting of forest area is inadequate to meet the national and international requirements. India could be potentially over-reporting the area under forests by including many non-forest tree categories such as commercial plantations of coconut, cashew, coffee and rubber, and fruit orchards. India may also be under-reporting deforestation by reporting only gross forest area at the state and national levels. There is a need for monitoring and reporting of forest cover, deforestation and afforestation rates according to categories such as (i) natural/primary forest, (ii) secondary/degraded forests, (iii) forest plantations, (iv) commercial plantations, (v) fruit orchards and (vi) scattered trees.

Comprehensive seismic hazard assessment of Tripura and Mizoram states

Northeast India is one of the most highly seismically active regions in the world with more than seven earthquakes on an average per year of magnitude 5.0 and above. Reliable seismic hazard assessment could provide the necessary design inputs for earthquake resistant design of structures in this' region. In this study, deterministic as well as probabilistic methods have been attempted for seismic hazard assessment of Tripura and Mizoram states at bedrock level condition. An updated earthquake catalogue was collected from various national and international seismological agencies for the period from 1731 to 2011. The homogenization, declustering and data completeness analysis of events have been carried out before hazard evaluation. Seismicity parameters have been estimated using G R relationship for each source zone. Based on the seismicity, tectonic features and fault rupture mechanism, this region was divided into six major subzones. Region specific correlations were used for magnitude conversion for homogenization of earthquake size. Ground motion equations (Atkinson and Boore 2003; Gupta 2010) were validated with the observed PGA (peak ground acceleration) values before use in the hazard evaluation. In this study, the hazard is estimated using linear sources, identified in and around the study area. Results are presented in the form of PGA using both DSHA (deterministic seismic hazard analysis) and PSHA (probabilistic seismic hazard analysis) with 2 and 10% probability of exceedance in 50 years, and spectral acceleration (T = 0. 2 s, 1.0 s) for both the states (2% probability of exceedance in 50 years). The results are important to provide inputs for planning risk reduction strategies, for developing risk acceptance criteria and financial analysis for possible damages in the study area with a comprehensive analysis and higher resolution hazard mapping.

Co-benefits, trade-offs, barriers and policies for greenhouse gas mitigation in the agriculture, forestry and other land use (AFOLU) sector

The agriculture, forestry and other land use (AFOLU) sector is responsible for approximately 25% of anthropogenic GHG emissions mainly from deforestation and agricultural emissions from livestock, soil and nutrient management. Mitigation from the sector is thus extremely important in meeting emission reduction targets. The sector offers a variety of cost-competitive mitigation options with most analyses indicating a decline in emissions largely due to decreasing deforestation rates. Sustainability criteria are needed to guide development and implementation of AFOLU mitigation measures with particular focus on multifunctional systems that allow the delivery of multiple services from land. It is striking that almost all of the positive and negative impacts, opportunities and barriers are context specific, precluding generic statements about which AFOLU mitigation measures have the greatest promise at a global scale. This finding underlines the importance of considering each mitigation strategy on a case-by-case basis, systemic effects when implementing mitigation options on the national scale, and suggests that policies need to be flexible enough to allow such assessments. National and international agricultural and forest (climate) policies have the potential to alter the opportunity costs of specific land uses in ways that increase opportunities or barriers for attaining climate change mitigation goals. Policies governing practices in agriculture and in forest conservation and management need to account for both effective mitigation and adaptation and can help to orient practices in agriculture and in forestry towards global sharing of innovative technologies for the efficient use of land resources. Different policy instruments, especially economic incentives and regulatory approaches, are currently being applied however, for its successful implementation it is critical to understand how land-use decisions are made and how new social, political and economic forces in the future will influence this process.

Research Data Management — Activities and Challenges Report on the Knowledge Exchange Workshop

Workshop Research Data Management – Activities and Challenges 14-15 November 2011, Bonn The Knowledge Exchange initiative organised a workshop to highlight current activities and challenges with respect to research data management in the Knowledge Exchange partner countries and beyond. The workshop brought together experts from data centres, libraries, computational centres, funding organisations, publishing services and other institutions in the field of research and higher education who are working to improve research data management and encourage effective reuse of research data. A considerable part of the programme was dedicated to sharing perspectives from these communities, leading to the development of a roadmap of practical actions for the Knowledge Exchange initiative, partner organisations and other stakeholders to progress over the next two years. On the first day, principal investigators and project managers from a great variety of recent projects shared their insights on objectives and methods for improving data management ranging from discipline-specific to more general approaches. A series of short presentations of selected projects was followed by an extensive poster session that functioned as a “trade fair” of current trends and activities in the field of research data management. Moreover, the poster session offered ample network opportunities for participants. The second day was dedicated to intensive group discussions looking at a number of data management challenges. First the most important findings from the "Surfboard for 'Riding the Wave'" report were presented. This included the state of the art on activities and challenges in the field of research data management. The subgroups will concentrate on the following key themes: funding, incentives, training and technical infrastructure. These discussions culminated in the identification of practical recommendations for future cooperation on practical as well as on strategic levels that should be taken forward by the KE partner organisations and beyond. These activities aim to improve the sustainability of services and infrastructures at both national and international levels.

Approaches and frameworks for management and research in small-scale fisheries in the developing world

Commonly adopted approaches to managing small-scale fisheries (SSFs) in developing countries do not ensure sustainability. Progress is impeded by a gap between innovative SSF research and slower-moving SSF management. The paper aims to bridge the gap by showing that the three primary bases of SSF management--ecosystem, stakeholders’ rights and resilience--are mutually consistent and complementary. It nominates the ecosystem approach as an appropriate starting point because it is established in national and international law and policy. Within this approach, the emerging resilience perspective and associated concepts of adaptive management and institutional learning can move management beyond traditional control and resource-use optimization, which largely ignore the different expectations of stakeholders; the complexity of ecosystem dynamics; and how ecological, social, political and economic subsystems are linked. Integrating a rights-based perspective helps balance the ecological bias of ecosystem-based and resilience approaches. The paper introduces three management implementation frameworks that can lend structure and order to research and management regardless of the management approach chosen. Finally, it outlines possible research approaches to overcome the heretofore limited capacity of fishery research to integrate across ecological, social and economic dimensions and so better serve the management objective of avoiding fishery failure by nurturing and preserving the ecological, social and institutional attributes that enable it to renew and reorganize itself. (PDF contains 29 pages)

Non-governmental organizations and multi-sited marine conservation science: A case study

Non-governmental organizations (NGOs) are now major players in the realm of environmental conservation. While many environmental NGOs started as national organizations focused around single-species protection, governmental advocacy, and preservation of wilderness, the largest now produce applied conservation science and work with national and international stakeholders to develop conservation solutions that work in tandem with local aspirations. Marine managed areas (MMAs) are increasingly being used as a tool to manage anthropogenic stressors on marine resources and protect marine biodiversity. However, the science of MMA is far from complete. Conservation International (CI) is concluding a 5 year, $12.5 million dollar Marine Management Area Science (MMAS) initiative. There are 45 scientific projects recently completed, with four main “nodes” of research and conservation work: Panama, Fiji, Brazil, and Belize. Research projects have included MMA ecological monitoring, socioeconomic monitoring, cultural roles monitoring, economic valuation studies, and others. MMAS has the goals of conducting marine management area research, building local capacity, and using the results of the research to promote marine conservation policy outcomes at project sites. How science is translated into policy action is a major area of interest for science and technology scholars (Cash and Clark 2001; Haas 2004; Jasanoff et al. 2002). For science to move policy there must be work across “boundaries” (Jasanoff 1987). Boundaries are defined as the “socially constructed and negotiated borders between science and policy, between disciplines, across nations, and across multiple levels” (Cash et al. 2001). Working across the science-policy boundary requires boundary organizations (Guston 1999) with accountability to both sides of the boundary, among other attributes. (Guston 1999; Clark et al. 2002). This paper provides a unique case study illustrating how there are clear advantages to collaborative science. Through the MMAS initiative, CI built accountability into both sides of the science-policy boundary primarily through having scientific projects fed through strong in-country partners and being folded into the work of ongoing conservation processes. This collaborative, boundary-spanning approach led to many advantages, including cost sharing, increased local responsiveness and input, better local capacity building, and laying a foundation for future conservation outcomes. As such, MMAS can provide strong lessons for other organizations planning to get involved in multi-site conservation science. (PDF contains 3 pages)

Implications of governance structures on urban climate action: evidence from Italy and Spain

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Falling through the cracks: are European directives and international conventions the panacea for freshwater nature conservation?

There are many ways of practising freshwater nature conservation: from strict legislative protection of individual species considered rare or threatened to protecting whole lakes or long stretches of rivers; from practical conservation management at a local scale to integrated catchment management at the river basin scale; and from the encouragement of better habitat management through codes of good practice to statutory control of pollution or abstraction. Whatever the mechanism, an essential pre-requisite is a way of choosing where to put the effort, especially when resources for nature conservation are severely limited. The aim of this article is to review the contribution from four specific international measures to the task of assigning priorities for conservation. The 1990s saw the introduction of two European directives (the Habitats Directive (HD) and the Water Framework Directive (WFD)) and one international convention (the Biodiversity Convention (CBD)) each with the potential for influencing, to a greater or lesser extent, the conservation of freshwater habitats and species. This article also discusses a much older convention – the Ramsar Convention – adopted in 1971 specifically to help tackle the conservation and management of wetlands and aquatic ecosystems. Although the authors have focused mainly on the UK, the subject is relevant to other parts of Europe and beyond. The article explores the degree to which these measures help in identifying the most important fresh waters for conservation, and asks whether or not they present the right conservation message to a wide audience.

6th European Conference on Energy Efficiency and Sustainability in Architecture and Planning

[ES]Esta obra recoge las comunicaciones seleccionadas para el 6º Congreso Europeo sobre Eficiencia Energética y Sostenibilidad en Arquitectura, organizado por el grupo de investigación Calidad de Vida en Arquitectura de la Universidad del País Vasco/Euskal Herriko Unibertsitatea. El congreso, que se celebra en el marco de los XXXIV Cursos de Verano de la UPV/EHU, aborda en esta cuarta edición el tema “Ciudades en riesgo: resiliencia y redundancia”. Alrededor de este tema general se desarrollan cinco ponencias magistrales, a cargo de Margaretha Breil (Centro Euro-Mediterráneo para el Cambio Climático), Cristina Garzillo Leemhuis (ICLEI), Ignasi Fontanals (OptiCits), Juan Carlos Barrios Montenegro (Global Action Plan) y Manuel Valdés López (Ajuntament de Barcelona). Además, 24 comunicaciones seleccionadas por el comité científico presentarán trabajos de investigaciones actuales en las sesiones orales y póster. Es objetivo paralelo del congreso es fortalecer las líneas de investigación en eficiencia energética y sostenibilidad de los grupos de investigación y formación de la UPV/ EHU comprometidos con esta propuesta, con objeto de colaborar en el reforzamiento de la I D i en su ámbito de conocimiento y apoyar la apuesta específica de los Gobiernos Central y Vasco, así como de otras instituciones nacionales e internacionales respecto a las actividades de I D i en las materias relacionadas con el cambio climático, la eficiencia energética y la sostenibilidad ambiental [ENG] This work contains the selected abstracts of the 6th European Conference on Energy Efficiency and Sustainability in Architecture and Planning, organized by the research group Quality of life in Architecture of the University of the Basque Country. The conference is part of the XXXIV Summer Courses of the UPV/EHU and deals, in its fourth edition, with the topic “Cities at risk: resilience and redundancy”. Around this general theme there are five invited speakers: Margaretha Breil (Euro-Mediterranean Centre for Climate Change), Cristina Garzillo Leemhuis (ICLEI), Ignasi Fontanals (OptiCits), Juan Carlos Barrios Montenegro (Global Action Plan) y Manuel Valdés López (Barcelona City Council). 24 abstracts additional have been selected by the scientific committee that offer actual research works in presentations and posters. The purpose of the conferences is to strengthen the investigation lines in energy efficiency and sustainability of the research and education groups of the University of the Basque Country (UPV/EHU) involved, with the purpose of collaborating in the reinforcement of the I D i in its field of knowledge, and support the specific projects of the Central and Basque Governments, as well as other national and international institutions related to the I Di activities in similar fields of climate change, energy efficiency and environmental sustainability.

Cybervictimization by cyberbullying: children at risk and children as risk

Cybercrime in general derives from a series of events and factors that converge to foster this phenomenon. After an introduction, the reader will find four chapters. The first one provides a contextualization with background information. The changes in socioeconomic life and the accessibility and reach of the new technologies are assessed. The focus is set on the use of the internet and its far-reaching implications including the responses of national and international institutions. Nowadays, the internet is the window to current affairs whereby the social world is projected, and this idea becomes clear throughout the text. The second chapter deals with factors of patterns of cyberbullying. The third one is concentrated on the impact of cyberbullying and the concept of harm. The final one tackles the possibilities of recovery and resilience. All this allows us to draw some general conclusions. The work ends with a list of references and several annexes that help to understand in depth some of the points discussed throughout the text.