This e-book follows and enhances the former quantity Biotechnology and overseas legislations (Hart 2006) bringing a selected concentrate on human rights. it's the results of a collaborative attempt which brings jointly the contributions of a decide on team of specialists from academia and from foreign businesses with the aim of discussing the level to which present actions within the box of biotechnology may be regulated by means of current human rights ideas and criteria, and what gaps, if any, have to be pointed out and jam-packed with new legislative tasks. tools comparable to the UNESCO assertion at the Human Genome (1997) and on Bioethics and Human Rights (2005) are having an effect on usual foreign legislation. yet what's the relevance of those tools with recognize to conventional thoughts of kingdom accountability and the functioning of household treatments opposed to misuse of biotechnologies? Are new legislative projects wanted, and what are the professionals and cons of a race towards the adoption of recent advert hoc tools in a space of such swift technological improvement? Are there dangers of normative and institutional fragmentation as a result of the proliferation of other regulatory regimes? do we determine a center of human rights rules that outline the limits of valid makes use of of biotechnology, the criminal prestige of human genetic fabric, in addition to the consequences of the definition of the human genome as 'common background of humanity' for the aim of patenting of genetic innovations? those and different questions are the focal point of a desirable choice of essays which, jointly, aid to map this rising box of inquiry.
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Additional resources for Biotechnologies and International Human Rights
40 See Preamble, para 4, which states ‘the recognition of the genetic diversity of humanity must not give rise to any interpretation of a social or political nature which could call into question “the inherent dignity and the equal and inalienable rights of all members of the human family”, in accordance with the Preamble to the Universal Declaration of Human Rights’. 36 12 Francesco Francioni Article 10 requires scientific genomic research in biology and in medicine to respect human dignity and the fundamental rights of individuals and peoples.
45 T Scovazzi, La pesca nell’evoluzione del Diritto del Mare (Milan, Giuffrè, 1979). 46 R Pisillo Mazzeschi, ‘La ricerca scientifica ed il nuovo diritto internazionale del mare’ in T Treves (ed), La ricerca scientifica nell’evoluzione del diritto del mare (Milan, Giuffrè, 1978). 14 Francesco Francioni are activity-related, in the sense of establishing rights and obligations applicable to the conduct of science operations at sea. But in no way can such rules, customary or contained in Part XIII of UNCLOS, be used to establish ownership or sovereign rights over resources.
INTRODUCTION I s it useful to study the interaction between developments in biotechnology1 and international human rights? After all, isn’t science2 constantly expanding the limits of human freedom and thus compelling us to re-define the substance and scope of such rights? How relevant can it be to look at the present challenges and dilemmas posed by relentless advances in biotech science through the lens of a fixed catalogue of human rights? 3 These are not easy questions, and the reflections we have developed in these collected essays do not aim at providing a uniform and definitive * Professor of International Law and Human Rights at the European University Institute and the Faculty of Law at the University of Siena.