title: Genetic Resources, Equity and International Law

authors: Guneratne, Camena Erica

subjects: Plant genetic resources for food and agriculture

abstract: This thesis examines the application of international law to the uses of agricultural crop plants termed plant genetic resources for food and agriculture. In particular, it asks the question,  does international law regulate the use of plant genetic resources for food and agriculture so as to enable equity among nations in accessing these resources and sharing the benefits which arise from them? 

In answering this question this thesis will also consider several related issues which have arisen in the course of the international debate on this topic. These resources are closely entwined with the lives and livelihoods of certain categories of peoples such as indigenous peoples and farmers and local communities. In addition, they are critical for the economies, agricultural systems and food security of nations. The thesis question will not be considered in the abstract, but will rather be placed against the background of these issues, which will be continuously used to put the legal discourse into perspective.

The legal analysis will focus on five international agreements which directly or indirectly regulate the use of crop plants. These five agreements are placed in two broad categories, i.e. environmental/conservation agreements and trade and property related agreements. The first category includes the Convention on Biological Diversity of 1992 and the International Treaty on Plant Genetic Resources for Food and Agriculture of the Food and Agriculture Organisation of 2001. The second category includes the Convention for the Protection of New Varieties of Plants of 1991, the Agreement on Trade Related Aspects of Intellectual Property Rights of 1994, and several treaties of the World Intellectual Property Organisation. In addition, since the topic raises issues of rights, certain human rights treaties and documents will also be used in the analysis.

The current international conflict over plant genetic resources can be condensed into one of rights, human rights and property rights. The international treaties cited above have all contextualized the issue within a framework of property rights, setting out mechanisms for different forms of legal control of these resources. This thesis will argue that whatever the form and nature of such property rights, they cannot achieve equity in the use of crop plants. Rather the use of such rights results in violations of human rights.

text: Genetic Resources, Equity and International Law This thesis examines the application of international law to the uses of agricultural crop plants termed plant genetic resources for food and agriculture. In particular, it asks the question,  does international law regulate the use of plant genetic resources for food and agriculture so as to enable equity among nations in accessing these resources and sharing the benefits which arise from them? 

In answering this question this thesis will also consider several related issues which have arisen in the course of the international debate on this topic. These resources are closely entwined with the lives and livelihoods of certain categories of peoples such as indigenous peoples and farmers and local communities. In addition, they are critical for the economies, agricultural systems and food security of nations. The thesis question will not be considered in the abstract, but will rather be placed against the background of these issues, which will be continuously used to put the legal discourse into perspective.

The legal analysis will focus on five international agreements which directly or indirectly regulate the use of crop plants. These five agreements are placed in two broad categories, i.e. environmental/conservation agreements and trade and property related agreements. The first category includes the Convention on Biological Diversity of 1992 and the International Treaty on Plant Genetic Resources for Food and Agriculture of the Food and Agriculture Organisation of 2001. The second category includes the Convention for the Protection of New Varieties of Plants of 1991, the Agreement on Trade Related Aspects of Intellectual Property Rights of 1994, and several treaties of the World Intellectual Property Organisation. In addition, since the topic raises issues of rights, certain human rights treaties and documents will also be used in the analysis.

The current international conflict over plant genetic resources can be condensed into one of rights, human rights and property rights. The international treaties cited above have all contextualized the issue within a framework of property rights, setting out mechanisms for different forms of legal control of these resources. This thesis will argue that whatever the form and nature of such property rights, they cannot achieve equity in the use of crop plants. Rather the use of such rights results in violations of human rights.

year: 2009

title: Options for solar thermal and heat recovery loop hybrid system design

authors: Walmsley, Michael R.W.

abstract: Integration of solar thermal energy into low temperature pinch processes, like dairy and food and beverage processes is more economic when combined with a Heat Recovery Loop (HRL) to form a hybrid inter-plant heat recovery system. The hybrid system shares common infrastructure and improves solar heat utilisation through direct solar boosting of the HRL intermediate fluid’s temperature and enthalpy either through parallel or series application. The challenge of dealing with variable solar energy supply is less of a problem in the hybrid system because the HRL with its associated storage acts as an enthalpy buffer which absorbs temperature and flow rate fluctuations on both the heat supply (including solar) and heat demand side simultaneously. Three options for integrating solar thermal directly into HRLs are applied to a large multi-plant dairy case study to demonstrate the hot utility savings potential of the Solar-HRL hybrid system. HRL performance with Variable Temperature Storage (VTS) and solar is dynamically modelled with historical plant data. The series configuration is shown to be consistently better than parallel configuration for the same thermal storage volumes and similar heat exchanger areas.

text: Options for solar thermal and heat recovery loop hybrid system design Integration of solar thermal energy into low temperature pinch processes, like dairy and food and beverage processes is more economic when combined with a Heat Recovery Loop (HRL) to form a hybrid inter-plant heat recovery system. The hybrid system shares common infrastructure and improves solar heat utilisation through direct solar boosting of the HRL intermediate fluid’s temperature and enthalpy either through parallel or series application. The challenge of dealing with variable solar energy supply is less of a problem in the hybrid system because the HRL with its associated storage acts as an enthalpy buffer which absorbs temperature and flow rate fluctuations on both the heat supply (including solar) and heat demand side simultaneously. Three options for integrating solar thermal directly into HRLs are applied to a large multi-plant dairy case study to demonstrate the hot utility savings potential of the Solar-HRL hybrid system. HRL performance with Variable Temperature Storage (VTS) and solar is dynamically modelled with historical plant data. The series configuration is shown to be consistently better than parallel configuration for the same thermal storage volumes and similar heat exchanger areas.

year: 2014-08-31

title: Estimated catchment loads of nitrogen and phosphorus to the Rotorua Te Arawa Lakes

authors: McBride, Chris G.

abstract: The Rotorua Te Arawa Lakes are central to the identity of their region, of immense historical and cultural importance, and provide ecosystem services that underpin biodiversity, conservation and socioeconomic aspirations of the community. The diversity of water quality in the lakes reflects their catchments, which are diverse in topography, hydrogeology and intensity of land use, ranging from the largely undeveloped land around lakes Tikitapu and Okataina, to highly developed forestry and pastoral land around lakes Rerewhakaaitu, Rotorua and Okaro. Lake water quality is strongly linked to nutrients received by each lake from surface flows and groundwater springs. It therefore follows that management of lake water quality requires a good understanding of nutrient loads derived from the landscape, as does the assessment or prediction of the in-lake effects of catchment-based management initiatives aimed at improving lake water quality.

text: Estimated catchment loads of nitrogen and phosphorus to the Rotorua Te Arawa Lakes The Rotorua Te Arawa Lakes are central to the identity of their region, of immense historical and cultural importance, and provide ecosystem services that underpin biodiversity, conservation and socioeconomic aspirations of the community. The diversity of water quality in the lakes reflects their catchments, which are diverse in topography, hydrogeology and intensity of land use, ranging from the largely undeveloped land around lakes Tikitapu and Okataina, to highly developed forestry and pastoral land around lakes Rerewhakaaitu, Rotorua and Okaro. Lake water quality is strongly linked to nutrients received by each lake from surface flows and groundwater springs. It therefore follows that management of lake water quality requires a good understanding of nutrient loads derived from the landscape, as does the assessment or prediction of the in-lake effects of catchment-based management initiatives aimed at improving lake water quality.

year: 2021