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10 Adelphia L.J. 45 (1994)
Biodiversity: Preventing an Ill-Begotten Harvest & (and) Ownership Strategies for Conserving Biological Diversity

handle is hein.journals/adelphlj10 and id is 59 raw text is: BIODIVERSITY: PREVENTING AN ILL- BEGOTTEN HARVEST & OWNERSHIP STRATEGIES FOR CONSERVING BIOLOGICAL DIVERSITY By MICHAEL A. GOLLIN TABLE OF CONTENTS ABSTRACT 45 I. OWNERSHIP STRATEGIES FOR CONSERVING BIOLOGICAL DIVERSITY 46 A. Introduction 46 B. The property rights. 47 C. The participants 48 D. Legal relationships for sustainable biodiversity prospecting 49 1. Individual-Corporation 49 2. Collective-Corporation 50 3. Corporation-Corporation 50 a. Arms-Length Relationship 50 b. Joint Venture 51 4. Public Agency-Corporation 51 5. Brokers 52 6. Public Agency Alone 52 7. Vertically Integrated Corporation. 53 8. Consortium. 53 E. Conclusion. 54 II. CARVING PROPERTY RIGHTS OUT OF THE PUBLIC DOMAIN TO CONSERVE BIODIVERSITY 54 Abstract The future of world trade in biological resources depends on our ability to find sustainable strategies for ownership and transfer of prop- erty rights relating to biological diversity. Until recently, a typical trans- action could be carried out alone by a researcher, who would enter a habitat to collect samples. Another common arrangement involved two parties, a person supplying samples for a nominal fee, and a buyer. The Convention on Biological Diversity calls upon the contracting nations to promote the sustainable and equitable development of biological re- sources while conserving habitat, but is largely silent on the specific mechanisms that private parties and public agencies should employ. This

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