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The Legal status of genetic resource in Vietnam from the perspective of legitimacy
Get PDFapplication/pdfLaw is a legitimizing authority. Legitimacy is “the acceptance and justification of shared rule by a community” (Bernstein 2005). In liberal democratic systems, governments are typically legitimized through electoral processes, and their decisions are given weight by legislation (Boedeltje and Cornips 2004). In fact, as G. Sakamoto et al. (2016) pointed out, legitimacy depends on acceptance by the community or people, and the results of the acceptance, such as law. Legitimacy is one of the components for effective governance in sustainable development (Michael Lockwood 2010), because the cases that have a lack of legitimacy will result in conflict between the local community and the rights owner or a local authority.
Given this context, this paper focuses on an aspect of law, with a particular focus on genetic resources in Vietnam. Genetic resource was stipulated in international conventions, such as the Convention on Biological Diversity（CBD）. In particular, CBD recognizes the sovereign rights of states over their natural resources, and their authority to control access to genetic resources. Being under the jurisdiction of the national governments, it is therefore subject to national legislation. However, CBD does not refer to the legal status of the genetic resource because that is dependent on the national legislation. Previous studies, such as Elisa Morgera（2013），Rosendal, G. Kristin（2016）have focused on the national ABS system but have not focused on legal status.
This paper, therefore, aims to fill the gap and focus on the expanded legal nature of genetic resources in Vietnam.
Survey results have shown that by reviewing relevant law documents on genetic resources in Vietnam, such as the Civil Code (2015 revised), Biodiversity Law (2008), and the Seed Ordinance (2004), genetic resource was clearly established as a people-owned property, as stipulated in the Biodiversity Law. People-owned property implies management by the State belonging to the entire people with the representation and centralized management of the State, as provided Civil Code. However, Seed Ordinance stipulated that “plant genetic resources are national property which is managed by State”, but at the adoption of Biodiversity Law, Ordinance wasn’t in force. This Ordinance was made by the National Assembly Standing Committee, and will be submitted to the Diet only after it is enforced for a certain period of time and deliberated on to determine whether it should be legalized or not. The Law on Promulgation of legislative documents provide the general legal framework of Vietnam and in accordance with its law, Law is a superior norm comparing with Ordinance.
It may not be appropriate to compare the different legal nature of a Law and an Ordinance, however, this shift from being a national property to a people-owned property, is an immensely important aspect from the perspective of legitimacy. This is particularly true for the users of genetic resources, such as breeding companies, universities and farmers. The reason to occur such a shift will be surveyed as future challenge.24th ISDRS（イタリア開催）のプロシーディングconference pape
Mapping of Water, Sanitation, Hygiene and Child Health in an Urban Slum of Indonesia
Get PDFapplication/pdfGlobally, access to improved water, sanitation and hygiene could prevent 58% of diarrheal deaths among under 5 children per year. In the urban slums of developing countries, overpopulation remains a contributing factor of limited access to clean drinking water and sanitary living conditions. This study examined the current situation of water use, sanitation, child health, nutritional status, and women’s hygiene awareness in an urban slum of Indonesia. The study was conducted in the densely populated area of Bandung, West Java Province, Indonesia. Questionnaires which probed for information regarding household socioeconomic status, condition of drinking water, toilet facilities, and understanding of child health were administered to 30 women. A group of 15 caretakers living with children aged below five years were interviewed regarding their procurement and use of domestic water, sewer system, health status of their children and awareness of good hygiene practices. In addition, researchers observed and photographed the household situation regarding the family’s drinking water, toilet facilities, and sewer during home visits. The study found the majority of participants used water in a safe and appropriate manner with respect to its source and purpose. No participants were found to use groundwater as drinking water. In conclusion, women living in the study area paid careful attention to the safety of drinking water. Although each house had a toilet facility, untreated wastewater was found to flow into a nearby river, which suggested that the people of the community had a low level of concern for appropriate wastewater treatment. Caretakers demonstrated excellent recognition of the importance of handwashing and the majority of participants displayed a high level of interest in maintaining good child health and nutritional status. Lastly, results from the sample of caretakers who were interviewed indicated that the health and nutritional status of the children studied were generally good.articl
Humanity ＆ Nature Newsletter No.74
Get PDFapplication/pdf特集1
インタビュー
地球環境学と国際学術出版の未来
アントワーン・ブーケ
ダニエル・ナイルズ ＋ 小林邦彦 ＋ 押海圭一 ＋ 王 智弘
特集2
IR室企画〈第2回〉座談会
研究を〈測る〉とは？
井上雄介 + 本多啓介 + 押海圭一 + 熊澤輝一
特集3
イベントの報告
第8回 地球研オープンハウスを開催しました
特集4
平成29年度 若手研究者支援経費・所長裁量経費の活動報告
ミツバチとともに未来をつくる
マキシミリアン・スピーゲルバーグ + 真貝理香 + クリストフ・ルプレヒト + 甘 靖超
湖沼が与える周辺地下水の水同位体比形成への影響の検討
琵琶湖周辺の地下水・湧水の水質と同位体比の特徴について
藪崎志穂
◆所員紹介
地球のミニチュア版 インドネシア「海大陸」
山中大学
◆表紙は語る
肥料作り
小林 舞articl