Who owns our DNA? The intuitive answer to this question is readily apparent: you own your own DNA. However, since Watson and Crick discovered its molecular structure, our DNA has gradually evolved from the Secret of Life to a potentially lucrative Commodity. This development has triggered conflicting perspectives as to who holds legal title to our blood, genes and related health data. Rather than focusing on a specific property claim in isolation, this book is the first to provide an integrated analysis of the merits of each of these perspectives. While the United Nations have proclaimed human DNA as the Heritage of Humanity, industry claims it to be patentable subject matter. Whereas populations whose DNA is used in national biobanks claim their DNA as their National Property, individual patients increasingly stand up for their Personal Property Rights in their samples. Meanwhile academic researchers claim their collections of biological materials as their Academic Property. Taking a case and context driven approach and backing up traditional legal analysis with historical analogies, web-surveys and practical experience, Jasper Bovenberg provides counter-intuitive, provocative and practical answers and recommendations for such controversial issues as how to share the benefits of DNA research, whether or not to recognize personal property rights in bodily material and access to biomedical datasets in academia. This book will interest not only lawyers and researchers, but also universities, funding agencies, industry and policymakers worldwide. It is also written to inform patients, their relatives, doctors and anyone else with an interest in a dilemma that is as universal as our DNA.
Property Rights in Blood, Genes and Data
Outlining and analyzing the 100-year (1912-2012) sequence of proposals to formalize the legal status of International Non-Governmental Organizations, this work provides the benchmark against which contemporary and future initiatives can be evaluated and conceptualized.
Taking a historical and comparative perspective, the book analyses current attempts of regime change in various parts of the world, their intended and unintended consequences, as well as moral, legal and political aspects of external interference in internal processes.
In Unity in Connectivity? Evolving Human Rights Mechanisms in the ASEAN Region, Vitit Muntarbhorn discusses developments concerning the growth of human rights institutions and processes at the national and regional levels in Southeast Asia, and related challenges.
Dr. Carlo Panara, Liverpool John Moores University, Dr. Gary Wilson, Liverpool John Moores University
This edited volume explores some of the key international law issues to have arisen from the events which comprised the 'Arab Spring.'
Edited by Marc Groenhuijsen and Tijs Kooijmans
Looking back at the findings of the ‘Strafvordering 2001’-research project, the contributions in this book discuss the question of whether the legislator has succeeded in improving the Dutch system of criminal procedure.
Georghios M. Pikis
The book analyses the concept and application of justice in every domain of life. Justice has a universal character, relevant to every part of the world. Deviation from its norms brings injustice entailing denigration of human nature in all its expressions. The book is worth reading by everyone ...
Edited by Merris Amos, Jackie Harrison and Lorna Woods. Published under the auspices of the Clemens Nathan Research Centre.
Freedom of expression – particularly freedom of speech – is, in most Western liberal democracies, a well accepted and long established, though contested constitutional right or principle. Whilst based in ethical, rights-based and political theories such as those of: justice, the good life, ...
Gerald M. Steinberg, Anne Herzberg and Jordan Berman
This work outlines available resources and proposed standards for international NGO fact-finding missions: Chapter One presents an introduction to the issue of NGO fact-finding. Chapter Two discusses the problems caused by the lack of any generally-accepted guidelines for NGO fact-finding, in ...
The book takes the reader on a journey to unexplored sources of human rights: ancient China, the golden age of Islam and 16th century Spain. All three share a strong belief in reason, justice and human dignity.
Cher Weixia Chen, George Mason University
Compliance and Compromise examines the status of gender pay equity that has been largely overlooked and how domestic legal systems respond to the ILO Convention No. 100 on Equal Remuneration, with the novel application of the theory “transnational legal process”.
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