Research activity and the principle of solidarity in the EU legal framework for biodiversity
The paper aims to analyse how Reg. EU n. 511/2014 links the principle of solidarity to one of the most visible areas of intersection between EU law and ethical choice, particularly in the field of research activity: the implementation of the Nagoya Protocol in the EU legal framework. A broad range o...
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| Formato: | Artículo |
| Idioma: | Inglés |
| Publicado: |
2017
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| Materias: | |
| Acceso en línea: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6178805 |
| Fuente: | Rights and Science: R&S, ISSN 2531-1352, 2017, pags. 43-54 |
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| Sumario: |
The paper aims to analyse how Reg. EU n. 511/2014 links the principle of solidarity to
one of the most visible areas of intersection between EU law and ethical choice,
particularly in the field of research activity: the implementation of the Nagoya Protocol
in the EU legal framework. A broad range of users and suppliers in the Union, including
academic, university and non-commercial researchers and companies from different
sectors of industry, use genetic resources for research, development and
commercialisation purposes. Some also use traditional knowledge associated with
genetic resources [see point 3 Reg (EU) 2014/511]. Thus, all research activities
involving germplasm, genetic resources, and traditional knowledge related to genetic
resources are currently subject to Article 15, point 6, of the Convention on Biodiversity,
and they also must observe the fundamental principle (established by Article 19 of the
Convention and EU legal sources) of benefiting the countries involved in the research
and development actions. The mutually agreed terms and the contracts mandated by art.
3 reg. EU n. 511/2014 are correlated with distributive justice and the principle of
solidarity, which underpin the entire EU legal system. |
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