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Drafting successful access and benefit-sharing contracts / by Tomme Young, Morten Walloe Tvedt.
2018
Details
Title
Drafting successful access and benefit-sharing contracts / by Tomme Young, Morten Walloe Tvedt.
Author
Young, Tomme R., author.
Walløe Tvedt, Morten [VNV]
Wallø Tvedt, Morten (Morten Walløe), author.
Tvedt, Morten Walloe, author.
Walløe Tvedt, Morten [VNV]
Wallø Tvedt, Morten (Morten Walløe), author.
Tvedt, Morten Walloe, author.
Item Type
Book
Description
1 online resource (x, 416 pages).
ISBN
9789004356566 (hardback ; alk. paper
9004356576 eBook
9789004356573 electronic book
9004356568
9004356576 eBook
9789004356573 electronic book
9004356568
Summary
In 'Drafting Successful Access and Benefit-sharing Contracts', Young and Tvedt offer an insightful and profound analysis of how ABS can be made truly functional through the use of legally binding and enforceable contracts. Contracts are foreseen as the main legal tool for making access and benefit sharing work, thus realizing the third objective of the Convention on Biological Diversity. Many years have gone by since contracts were first suggested as a solution to resolve the challenges of ABS, but so far few successful benefit-sharing cases have been presented. This volume explores the possibilities and limits of contract law which both practitioners and stakeholders need in order for ABS contracts to become an effective solution for sustainable use of biological diversity.
Note
In 'Drafting Successful Access and Benefit-sharing Contracts', Young and Tvedt offer an insightful and profound analysis of how ABS can be made truly functional through the use of legally binding and enforceable contracts. Contracts are foreseen as the main legal tool for making access and benefit sharing work, thus realizing the third objective of the Convention on Biological Diversity. Many years have gone by since contracts were first suggested as a solution to resolve the challenges of ABS, but so far few successful benefit-sharing cases have been presented. This volume explores the possibilities and limits of contract law which both practitioners and stakeholders need in order for ABS contracts to become an effective solution for sustainable use of biological diversity.
Bibliography, etc. Note
Includes bibliographical references and index.
Formatted Contents Note
ABS and contracts
Drafting functional ABS contracts : how contracts can achieve reasonable ABS objectives
Planning and negotiatingthe contract
Make sure you contract with the right parties : addressing the challenges of contracts with companies and other entities
"Be specific and concrete" : the subject matter (res), functional clauses and objective of the contract
"Manage and address major risks" : the "third-party transfer" challenge
"Know the possibilities and limitations of contract law": contract validity, equity and enforceability
"Expect the best; plan for the worst" : contract provisions that improve enforceability and address contract amendment
"Protect contractual expectations to minimize the need for litigation" : guarantees, incentives, and other security arrangements
"Avoid making legal assumptions" : the perils of relying on a "governing law" clause and/or "private international law"
Contract-related provisions of abs regime instruments
The risks and benefits of shortcuts: models, forms, guidelines and existing-contract examples
Conclusion.
Drafting functional ABS contracts : how contracts can achieve reasonable ABS objectives
Planning and negotiatingthe contract
Make sure you contract with the right parties : addressing the challenges of contracts with companies and other entities
"Be specific and concrete" : the subject matter (res), functional clauses and objective of the contract
"Manage and address major risks" : the "third-party transfer" challenge
"Know the possibilities and limitations of contract law": contract validity, equity and enforceability
"Expect the best; plan for the worst" : contract provisions that improve enforceability and address contract amendment
"Protect contractual expectations to minimize the need for litigation" : guarantees, incentives, and other security arrangements
"Avoid making legal assumptions" : the perils of relying on a "governing law" clause and/or "private international law"
Contract-related provisions of abs regime instruments
The risks and benefits of shortcuts: models, forms, guidelines and existing-contract examples
Conclusion.
Source of Description
Description based on publisher supplied metadata and other sources.
Series
Legal Studies on Access and Benefit-Sharing Ser.
Available in Other Form
Print version: Young, Tomme Rosanne Drafting Successful Access and Benefit-Sharing Contracts Boston : BRILL,c2017
Published
Leiden : Brill Nijhoff, [2018]
Copyright
©2017
Language
English
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