Unjust Enrichment as a Residual Remedy for Biopiracy? Rethinking ABS Failures Beyond MAT
Can unjust enrichment act as a residual measure for claiming compensation for the use of biological resources when contractual arrangements don’t work? Examining this legal doctrine and its relevance to access and benefit-sharing, Achyuth B. Nandan argues that, in light of varying state capacity to implement the ABS mechanism and weak user-side enforcement, unjust enrichment can act as a residual measure within the ABS framework and aid in furthering the purpose of ABS. Achyuth is a PhD candidate at Rajiv […]
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