Drafting successful access and benefit-sharing contracts / / by Tomme Young, Morten Walloe Tvedt.

• Superior document: Legal Studies on Access and Benefit-Sharing, Volume 5
• VerfasserIn: Young, Tomme R.,; Tvedt, Morten Walløe,
• TeilnehmendeR: Tvedt, Morten Walløe,
• Place / Publishing House: Leiden, Netherlands ;, Boston, [Massachusetts] : : Brill Nijhoff,, 2018.; ©2018
• Year of Publication: 2018
• Edition: 1st ed.
• Language: English
• Series: Legal studies on access and benefit-sharing ; Volume 5.
• Physical Description: 1 online resource (416 pages).

In Drafting Successful Access and Benefit-sharing Contracts , Young and Tvedt offer an insightful and profound analysis of how ABS can be made truly functional through the use of legally binding and enforceable contracts. Contracts are foreseen as the main legal tool for making access and benefit sharing work, thus realizing the third objective of the Convention on Biological Diversity. Many years have gone by since contracts were first suggested as a solution to resolve the challenges of ABS, but so far few successful benefit-sharing cases have been presented. This volume explores the possibilities and limits of contract law which both practitioners and stakeholders need in order for ABS contracts to become an effective solution for sustainable use of biological diversity.

Table of Contents

Front Matter -- Contents -- Preface -- abs and Contracts -- Drafting Functional abs Contracts: How Contracts Can Achieve Reasonable abs Objectives -- Planning and Negotiating the Contract -- “Make Sure You Contract with the Right Parties”: Addressing the Challenges of Contracts with Companies and other Entities -- “Be Specific and Concrete”: The Subject Matter (Res), Functional Clauses and Objective of the Contract -- “Manage and Address Major Risks”: The Third-party Transfer Challenge -- “Know the Possibilities and Limitations of Contract Law”: Contract Validity, Equity and Enforceability -- “Expect the Best; Plan for the Worst”: Contract Provisions that Improve Enforceability and Address Contract Amendment -- “Protect Contractual Expectations to Minimize the Need for Litigation”: Guarantees, Incentives, and Other Security Arrangements -- “Avoid Making Legal Assumptions”: The Perils of Relying on a “Governing Law” Clause and/or “Private International Law” -- Contract-related Provisions of abs Regime Instruments -- The Risks and Benefits of Shortcuts: Models, Forms, Guidelines and Existing-contract Examples -- Conclusion.