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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