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Genetic Resources, Traditional Knowledge and the Law: Solutions for Access and Benefit Sharing
by Evanson C. Kamau Gerd WinterThe need to regulate access to genetic resources and ensure a fair and equitable sharing of any resulting benefits was at the core of the development of the Convention on Biological Diversity (CBD). The CBD established a series of principles and requirements around access and benefit sharing (ABS) in order to increase transparency and equity in the international flow of genetic resources, yet few countries have been able to effectively implement them and ABS negotiations are often paralysed by differing interests. This book not only examines these complex challenges, but offers workable, policy-oriented solutions. International contributors cover theoretical approaches, new significant national legislation, the concept of traditional knowledge, provider and user country measures and common solutions. Exploring specific, salient examples from across the globe, the authors provide lessons for national regulation and the ongoing negotiations for an international ABS regime. Uniquely, this book also looks at the potential for 'horizontal' development of ABS law and policy, applying lessons from bilateral approaches to other national contexts.
Genetic Stigma in Law and Literature: Orphanhood, Adoption, and the Right to Reunion (Palgrave Socio-Legal Studies)
by Alice DiverThis book critically analyses the way in which traditional sociocultural and legal biases might be perpetuated against those with unknown – or unknowable – genetic ancestries. It looks to law and works of literature across differing eras and genres focussing upon such concepts as inherited stigma, illegitimacy, orphanisation, adoption, othering, reunion, and the ‘right’ to access truths that relate to one’s original identity. Law’s role in such matters is often limited (or usurped) by custom, practice, or lingering superstitious beliefs; the importance of oral and written testimony is therefore highlighted. Characters include abandoned or orphaned figures from folk and fairy tales, Romantic and Victorian monsters and heroes, Dickensian waifs, Edwardian rescue orphans, and dystopia-set ‘rebels.‘ Their insights and experiences are mirrored in various present day scenarios that speak to familial human rights abuses, not least forced adoptions and bars on accessing original information. This cross-disciplinary book drawing on Law, Literature, Sociology, Critical Adoption Studies should be of interest to those interested in and those who have been affected in some way by adoption, origin deprivation, or reunion.
Genetic Suspects: Global Governance of Forensic DNA Profiling and Databasing
by Richard Hindmarsh Barbara PrainsackAs DNA forensic profiling and databasing become established as key technologies in the toolbox of the forensic sciences, their expanding use raises important issues that promise to touch everyone's lives. In an authoritative global investigation of a diverse range of countries, including those at the forefront of these technologies' development and use, this book identifies and provides critical reflection upon the many issues of privacy; distributive justice; DNA information system ownership; biosurveillance; function creep; the reliability of collection, storage and analysis of DNA profiles; the possibility of transferring medical DNA information to forensics databases; and democratic involvement and transparency in governance, an emergent key theme. This book is timely and significant in providing the essential background and discussion of the ethical, legal and societal dimensions for academics, practitioners, public interest and criminal justice organisations, and students of the life sciences, law, politics, and sociology.
Genetic Technology and Sport: Ethical Questions (Ethics and Sport)
by Claudio Tamburrini Torbjörn TännsjöWill the genetic design of athletes destroy sport … or will it lead to a new and extraordinary age of athletic achievement? Exploring a new territory in sport and ethics, this edited collection contains some of the best new writing that has emerged from the debates concerning the uses of genetic technologies to improve sport performance. Issues covered include: * gene technology and sports ethics* genetic testing in sports* gene technology and the sporting ethos* gene technology and gender equality in sport. This cutting-edge text is the first on the subject to analyze gender specific questions that arise from genetically modified sport and is likely to provoke further debate in the world of sport and bio-ethics. Contributors include Lincoln Allison, Ruth Chadwick, Arne Ljungqvist, Andy Miah, Christian Munthe, Bengt Saltin, Angela Schnieder and many more.
Genetic Testing: Accounts of Autonomy, Responsibility and Blame (Genetics and Society)
by Srikant Sarangi Michael Arribas-Ayllon Angus ClarkeAdvances in molecular genetics have led to the increasing availability of genetic testing for a variety of inherited disorders. While this new knowledge presents many obvious health benefits to prospective individuals and their families it also raises complex ethical and moral dilemmas for families as well as genetic professionals. This book explores the ways in which genetic testing generates not only probabilities of potential futures, but also enjoys new forms of social, individual and professional responsibility. Concerns about confidentiality and informed consent involving children, the assessment of competence and maturity, the ability to engage in shared decision-making through acts of disclosure and choice, are just some of the issues that are examined in detail.
Genetic Testing and the Criminal Law
by Don ChalmersGenetic Testing and the Criminal Law is a unique international treatment of the dynamic and established criminal investigation technique of DNA testing. Gathering together expert practitioners, judges and researchers from twelve countries, each chapter deals with the specific criminal law of the jurisdiction in its interaction with the expanding use of DNA testing in criminal investigations and trials. The chapters cover the criminal law of the United Kingdom, Japan, Australia, Germany, New Zealand, Spain, South Africa, Canada, Italy, Finland, Argentina and Denmark, providing valuable accounts not only of the use of genetic testing in the criminal law, but also of the development of the law in these jurisdictions. No previous work has included such an extensive comparative study in this important area. Collectively, this book emphasizes the need for the law to respond to scientific developments thoughtfully and with a sensitive, well-reasoned approach to current concerns relating to the reliability of DNA evidence in criminal trials and the privacy and civil liberties issues surrounding the collection of DNA samples from individuals and their storage. This book is an invaluable reference for scholars, practitioners of criminal law and private international law, and students interested in this increasingly significant field of law.
Genetic Testing and the Governance of Risk in the Contemporary Economy: Comparative Reflections in the Insurance and Employment Law Contexts (Ius Comparatum - Global Studies in Comparative Law #34)
by Lara Khoury Adelle Blackett Lukas VanhonnaekerThis book addresses emerging questions concerning who should bear responsibility for shouldering risk, as well as the viability of existing and experimental governance mechanisms in connection with new technologies. Scholars from 14 jurisdictions unite their efforts in this edited collection to provide a comparative analysis of how various legal systems are tackling the challenges produced by the legal aspects of genetic testing in insurance and employment. They cover the diverse set of norms that surround this issue, and share insights into relevant international, regional and national incursions into the field. By doing so, the authors offer a basis for comparative reflection, including on whether transnational standard setting might be useful or necessary for the legal aspects of genetic testing as they relate to the insurance and employment contexts. The respective texts cover a broad range of topics, including the prevalence of genetic testing in the contexts of insurance and employment, and policy factors that might affect this prevalence, such as the design of national health or social insurance systems, of private insurance schemes or the availability of low-cost direct-to-consumer genetic testing. Further, the field of genetics is gaining in importance at the international and regional levels. Relevant concepts – mainly genetic tests and genetic data/information – have been internationally defined, and these definitions have influenced definitions adopted nationally. International law also recognizes a “special status” for human genetic data. The authors therefore also consider these definitions and the recognition of the special status of human genetic data within regional and national legal orders. They investigate the range of norms that specifically address the use of genetic testing in employment and insurance, encompassing international sources – including human rights norms – that may be binding or non-binding, as well national statutory, regulatory and soft-law mechanisms. Accordingly, some of the texts examine general frameworks relevant to genetic testing in each country, including those that stem from general anti-discrimination rules and norms protecting rights to autonomy, self-determination, confidentiality and privacy. In closing, the authors provide an overview of the efficiency of their respective legal regimes’ approaches – specific and generalist – to genetic testing or disclosure of genetic information in the employment or insurance contexts, including the effect of lack of legal guidance. In this regard, some of the authors highlight the need for transnational action in the field and make recommendation for future legal developments.
The Genetic Testing of Children
by Angus ClarkeThis book, written by a leading geneticist, examines the ethical and social issues raised by the genetic testing of children. The opinions of geneticists, ethicists and affected families are all included to give a balanced view of this controversial field. Issues covered include confidentiality, potential abuses of genetic information (eg the use of test results by insurance companies) and the value of predictive genetic testing.The aim of the book is to improve awareness of the complexity of the issues raised and provide suggestions as to how the discussions must develop - it therefore raises new questions as well as answering those that already exist.
Genetics and DNA Technology: Legal Aspects
by Wilson WallFirst published in 2005. Routledge is an imprint of Taylor & Francis, an informa company.
Genetics and the Politics of Security: A Social Science Perspective (Routledge Frontiers of Criminal Justice)
by Joëlle VaillyPresenting a social science perspective on the contemporary gaze on the body of the suspect, this book considers how definitions of criminality, offenses, individual rights, and the concepts of identity and difference have been altered by changes in the biological status of the human.Spurred by rapid developments in genetics and information technology, a number of countries, including France, the United States, the United Kingdom, China, and the Netherlands, have considerably expanded their genetic databases used by the police and the criminal justice system. Whilst this makes it possible to compare DNA left at the scene of a crime with that of an individual known to the police, helping to identify individuals for the purposes of court proceedings, these innovations also raise a number of important questions, such as how the relationship between respect for the rights of individuals and the security of populations is discussed, as well as for how long this data should be retained. Genetic analysis also raises concerns related to phenotyping and “biogeographical origin” that could lead to the stigmatization of targeted groups.Offering a comprehensively argued view on how DNA acts not only as a tracker of suspicion but also as a marker of contemporary social developments, Genetics and the Politics of Security will appeal to students and scholars, judiciary personnel, lawyers, police officers, and people with an interest in criminology and the use of genetics in the criminal justice process.
Genetics, Disability and the Law: Towards an EU Legal Framework (Cambridge Disability Law and Policy Series)
by Aisling De PaorWhile advances in science and technology bring many advantages, we must not ignore the harm that they can cause. Rapid changes in genetic testing are a prime example, and indicators can now help to detect, address and treat diseases. However, in this new study, Aisling de Paor examines how genetic testing is also being used for non-medical reasons, for example for work opportunities and insurance coverage. Genetics, Disability and the Law is the first book of its kind to substantively consider an EU-level response to the use of genetic information. de Paor discusses how to help genetic and scientific research to evolve and grow, how to enhance public confidence in research, and how to control it so that it recognises our values and fundamental human rights. An understudied but vitally important topic, de Paor's work provides a valuable and timely contribution to the field of disability rights. Presents a practical consideration of an EU-level legislative response to controlling the use and misuse of genetic information, appealing to those involved in the regulation of this field Takes a human rights and disability approach to considering the regulation of genetic information, which will interest scholars and policymakers from a variety of disciplines, in particular because it considers the intersection of disability and genetics Considers normative and non-normative attitudes to the regulation of genetic information, giving readers a new and varied insight
The Geneva Consensus
by Pascal LamyAs Director-General of the World Trade Organization, Pascal Lamy chaired the Doha Round of negotiations and witnessed a rapidly changing international trade environment. In his first book since leaving the WTO, Lamy reflects on his time there and outlines his views on the significance of open trade in generating global economic growth, reducing poverty and creating jobs around the world. He argues that trade can only act as a motor for growth if the correct mix of domestic and international economic and social policies is in place. This approach the 'Geneva Consensus' requires deeper cooperation and policy coherence between the international organizations active in setting international economic, social and political policies. The Geneva Consensus describes the ongoing efforts to put this into effect, calling for more effective global governance to tackle the challenges of globalization. It also examines relationships between trade and the key social, economic and political issues of our time.
Genital Autonomy:
by Frederick M. Hodges Marilyn Fayre Milos George C. DennistonCircumcision affects 15.3 million children and young adults annually. In terms of gender, 13.3 million boys and 2 million girls are subjected to the involuntary removal of part or all of their external sexual organs every year. The problem of female circumcision has been addressed on an international level, but male circumcision remains a controversial subject that many academics have been reluctant to examine. Circumcision is tolerated today because it has been practiced for millennia by a small but vocal minority of religious and ethnic groups, however, when the practice is examined through the lens of modern legal, ethical, and human rights advancements, no place remains in civilized society for this body-altering ritual. In Genital Autonomy: Protecting Personal Choice, international experts address various types of genital modifications, the impact of these harmful traditional practices on the child, on human rights, and on the development of the concept of bodily integrity. The papers presented in this volume address these topics from a variety of angles. They question and dissects the true motivations of the doctors, witch doctors, and "holy men" who promote and profit from circumcision.
Genital Cutting: Protecting Children from Medical, Cultural, and Religious Infringements
by Frederick M. Hodges Marilyn Fayre Milos George C. DennistonThis volume contains the proceedings of the 10th International Symposium on Circumcision, Genital Integrity, and Human Rights. Authors are international experts in their fields, and the book contains the most up-to-date information on the issue of genital cutting of infants and children from medical, legal, bioethical, and human rights perspectives.
Genocidal Crimes
by Alex AlvarezGenocide has emerged as one of the leading problems of the twentieth century. No corner of the world seems immune from this form of collective violence. While many individuals are familiar with the term, few people have a clear understanding of what genocide is and how it is carried out. This book clearly discusses the concept of genocide and dispels the widely held misconceptions about how these crimes occur and the mechanisms necessary for its perpetration. Genocidal Crimes differs from much of the writing on the subject in that it explicitly relies upon the criminological literature to explain the nature and functioning of genocide. Criminology, with its focus on various types of criminality and violence, has much to offer in terms of explaining the origins, dynamics, and facilitators of this particular form of collective violence. Through application of a number of criminological theories to various elements of genocide Alex Alvarez presents a comprehensive analysis of this particular crime. These criminological perspectives are underpinned by a variety of psychological, sociological, and political science based insights in order to present a more complete discussion of the nature and functioning of genocide.
Genocide: The Power and Problems of a Concept
by Andrea Graziosi and Frank E. SysynSince the 1980s the study of genocide has exploded, both historically and geographically, to encompass earlier epochs, other continents, and new cases. The concept of genocide has proved its worth, but that expansion has also compounded the tensions between a rigid legal concept and the manifold realities researchers have discovered. The legal and political benefits that accompany genocide status have also reduced complex discussions of historical events to a simplistic binary – is it genocide or not? – a situation often influenced by powerful political pressures.Genocide addresses these tensions and tests the limits of the concept in cases ranging from the role of sexual violence during the Holocaust to state-induced mass starvation in Kazakh and Ukrainian history, while considering what the Armenian, Rwandan, and Burundi experiences reveal about the uses and pitfalls of reading history and conducting politics through the lens of genocide. Contributors examine the pressures that great powers have exerted in shaping the concept; the reaction Raphaël Lemkin, originator of the word “genocide,” had to the United Nations’ final resolution on the subject; France’s long-held choice not to use the concept of genocide in its courtrooms; the role of transformative social projects and use of genocide memory in politics; and the relation of genocide to mass violence targeting specific groups.Throughout, this comprehensive text offers innovative solutions to address the limitations of the genocide concept, while preserving its usefulness as an analytical framework.
Genocide: A Sociological Perspective
by Helen FeinThe book outlines the nature and history of genocide, summarizing the existing state and understanding of its definition, causation and prevention.
Genocide: Truth, Memory, and Representation
by Alexander Laban Hinton Kevin Lewis O'NeillWhat happens to people and the societies in which they live after genocide? How are the devastating events remembered on the individual and collective levels, and how do these memories intersect and diverge as the rulers of postgenocidal states attempt to produce a monolithic "truth" about the past? In this important volume, leading anthropologists consider such questions about the relationship of genocide, truth, memory, and representation in the Balkans, East Timor, Germany, Guatemala, Indonesia, Nigeria, Rwanda, Sudan, and other locales. Specialists on the societies about which they write, these anthropologists draw on ethnographic research to provide on-the-ground analyses of communities in the wake of mass brutality. They investigate how mass violence is described or remembered, and how those representations are altered by the attempts of others, from NGOs to governments, to assert "the truth" about outbreaks of violence. One contributor questions the neutrality of an international group monitoring violence in Sudan and the assumption that such groups are, at worst, benign. Another examines the consequences of how events, victims, and perpetrators are portrayed by the Rwandan government during the annual commemoration of that country's genocide in 1994. Still another explores the silence around the deaths of between eighty and one hundred thousand people on Bali during Indonesia's state-sponsored anticommunist violence of 1965-1966, a genocidal period that until recently was rarely referenced in tourist guidebooks, anthropological studies on Bali, or even among the Balinese themselves. Other contributors consider issues of political identity and legitimacy, coping, the media, and "ethnic cleansing. " Genocide: Truth, Memory, and Representation reveals the major contribution that cultural anthropologists can make to the study of genocide. Contributors. Pamela Ballinger, Jennie E. Burnet, Conerly Casey, Elizabeth Drexler, Leslie Dwyer, Alexander Laban Hinton, Sharon E. Hutchinson, Uli Linke, Kevin Lewis O'Neill, Antonius C. G. M. Robben, Debra Rodman, Victoria Sanford
Genocide: A Comprehensive Introduction
by Adam JonesGenocide: A Comprehensive Introduction is the most wide-ranging textbook on genocide yet published. The book is designed as a text for upper-undergraduate and graduate students, as well as a primer for non-specialists and general readers interested in learning about one of humanity's enduring blights. Fully updated to reflect the latest thinking in this rapidly developing field, this new edition: provides an introduction to genocide as both a historical phenomenon and an analytical-legal concept, including an extended discussion of the concept of genocidal intent, and the dynamism and contingency of genocidal processes discusses the role of state-building, imperialism, war, and social revolution in fueling genocide supplies a wide range of full-length case studies of genocides worldwide, each with an accompanying box-text explores perspectives on genocide from the social sciences, including psychology, sociology, anthropology, political science/international relations, and gender studies considers "The Future of Genocide," with attention to historical memory and genocide denial; initiatives for truth, justice, and redress; and strategies of intervention and prevention. Written in clear and lively prose, liberally sprinkled with over 100 illustrations and maps, and including personal testimonies from genocide survivors,Genocide: A Comprehensive Introductionhas established itself as the core textbook of the new generation of genocide scholarship. An accompanying website (www. genocidetext. net) features a broad selection of supplementary materials, teaching aids, and Internet resources.
Genocide: A Comprehensive Introduction
by Adam JonesGenocide: A Comprehensive Introduction is the most wide-ranging textbook on genocide yet published. Designed as a text for undergraduate and graduate students from a range of disciplines, it will also appeal to non-specialists and general readers. Fully updated to reflect the latest thinking in this rapidly developing field, this unique book: Provides an introduction to genocide as both a historical phenomenon and an analytical-legal concept, including the concept of genocidal intent and the dynamism and contingency of genocidal processes. Discusses the role of state-building, imperialism, war, and social revolution in fueling genocide. Supplies a wide range of full-length case studies of genocides worldwide, each with a supplementary study. Explores perspectives on genocide from the social sciences, including psychology, sociology, anthropology, political science/international relations, and gender studies. Considers the future of genocide, with attention to historical memory and genocide denial; initiatives for truth, justice, and redress; and strategies of intervention and prevention. Highlights of the new edition include: New case studies of the Uyghur genocide in the People’s Republic of China, the Rohingya Muslims of Myanmar, and Muslims in India. The historical and archaeological legacy of genocide. New and vivid testimonies of survivors and witnesses to genocide. This significantly revised fourth edition will remain an indispensable text for new generations of genocide study and scholarship. An accompanying website (www.genocidetext.net) features a selection of supplementary materials, teaching aids, and Internet resources.
Genocide: A Reader
by Jens MeierhenrichGenocide is a phenomenon that continues to confound scholars, practitioners, and general readers. Notwithstanding the carnage of the twentieth century, our understanding of genocide remains partial. Disciplinary boundaries have inhibited integrative studies and popular, moralizing accounts have hindered comprehension by advancing simple truths in an area where none are to be had. <P><P>Genocide: A Reader lays the foundations for an improved understanding of genocide. With the help of 150 essential contributions, Jens Meierhenrich provides a unique introduction to the myriad dimensions of genocide and to the breadth and range of critical thinking that exists concerning it. This innovative anthology offers genre-defining as well as genre-bending selections from diverse disciplines - in law, the social sciences, and the humanities - as well as from other fields. A wide-ranging introductory chapter on the study and history of genocide accompanies the carefully curated and annotated collection. By revisiting the past of genocide studies and imagining its future, Genocide: A Reader is an indispensable resource for novices and specialists alike.
Genocide and International Relations
by Martin Shaw'Genocide and International Relations' lays the foundations for a new perspective on genocide in the modern world. Genocide studies have been influenced, negatively as well as positively, by the political and cultural context in which the field has developed. In particular, a narrow vision of comparative studies has been influential in which genocide is viewed mainly as a 'domestic' phenomenon of states. This book emphasizes the international context of genocide, seeking to specify more precisely the relationships between genocide and the international system. Shaw aims to re-interpret the classical European context of genocide in this frame, to provide a comprehensive international perspective on Cold War and post-Cold War genocide, and to re-evaluate the key transitions of the end of the Second World War and the end of the Cold War.
Genocide and its Threat to Contemporary International Order: Consent And The Controlled Body (New Security Challenges)
by A. GallagherFor far too long the discipline of International Relations has failed to engage with the study of genocide. This is despite the fact that genocide holds a direct relationship with the central concepts of international relations: the state, war, power, and security. This bold, innovative and unique book sets out to tackle this by bringing the concept of genocide into the discipline of IR, via the English School, in order to theorise the relationship between genocide, justice, and order. Drawing on a wide-range of primary and secondary interdisciplinary material from International Relations, Genocide Studies, Security Studies, International Law, History, Politics and Political Theory, this book aims to understand genocide within the context of International Relations and the implications that this has on policymaking. Gallagher identifies the obstacles and challenges involved in bringing the study of genocide into IR and uniquely analyses the impact of genocide on the ordering structure of international society.
Genocide and its Threat to Contemporary International Order
by Adrian GallagherFor far too long the discipline of International Relations has failed to engage with the study of genocide. This is despite the fact that genocide holds a direct relationship with the central concepts of international relations: the state, war, power, and security. This bold, innovative and unique book sets out to tackle this by bringing the concept of genocide into the discipline of IR, via the English School, in order to theorise the relationship between genocide, justice, and order. Drawing on a wide-range of primary and secondary interdisciplinary material from International Relations, Genocide Studies, Security Studies, International Law, History, Politics and Political Theory, this book aims to understand genocide within the context of International Relations and the implications that this has on policymaking. Gallagher identifies the obstacles and challenges involved in bringing the study of genocide into IR and uniquely analyses the impact of genocide on the ordering structure of international society.
Genocide and Mass Violence
by Devon E. Hinton Alexander L. HintonWhat are the legacies of genocide and mass violence for individuals and the social worlds in which they live, and what are the local processes of recovery? Genocide and Mass Violence aims to examine, from a cross-cultural perspective, the effects of mass trauma on multiple levels of a group or society and the recovery processes and sources of resilience. How do particular individuals recall the trauma? How do ongoing reconciliation processes and collective representations of the trauma impact the group? How does the trauma persist in 'symptoms'? How are the effects of trauma transmitted across generations in memories, rituals, symptoms, and interpersonal processes? What are local healing resources that aid recovery? To address these issues, this book brings into conversation psychological and medical anthropologists, psychiatrists, psychologists and historians. The theoretical implications of the chapters are examined in detail using several analytic frameworks.