Alike Harlan’s vision, it is important to understand the relational character of agricultural evolution, defined as ‘the activities of man that have shaped the evolution of crops and [...] the influences of crops in shaping the evolution of human societies’ (Harlan, 1975: 3).
Alongside the evolution of agricultural crops, regulatory developments through history around the exchange of seeds bring an important insight in the way stakeholders and institutions have managed these exchanges.
Understanding the historical timeline of PGRFA exchanges, including the wider picture of all international instruments relevant to seed exchanges (Bragdon, 2004: 12), contributes to identifying challenges in the functioning of the Plant Treaty and its Multilateral System of access and benefit-sharing. The aim of this chapter is to describe the intertwined forces and rules that have grown fast during the second half of the twentieth century in the Global North, and which form the basis on which the current legal setting of the Treaty is constructed (Aoki, 2010). To reach this objective, two questions are addressed. What has been the evolution in plant genetic resources for food and agriculture management since the birth of agriculture? What regime has the relevant international instruments created in the international seed management?To answer these questions, a descriptive research method is used to ‘systematically analyze a legal phenomenon in all its components to present it in an accurate, significant and neatly arranged way’ (Kestemont, 2015: 5). This systematic analysis leads to divide this chapter into six sections. Section 1 briefly describes the birth of agriculture. Section 2 focuses on the loss of biological diversity and traces back to early collection missions and ex situ conservation programmes. Section 3 moves on to the modern biotechnology era and explains how these technological advancements and their correlated opening up of IPRs regulations led to the increase of the economic value of genetic resources and to the further commodification of PGRFA. Section 4 explains how the International Undertaking on Plant Genetic Resources has failed to keep PGRFA in the public domain, while section 5 relates to the rise of states’ sovereign rights over genetic resources and its concretization through the Convention on Biological Diversity and its Nagoya Protocol. Finally, section 6
History of the seed regulatory setting 25 expands on the reinforcement of seed appropriation through the International Union for the Protection of New Varieties of Plants (UPOV) 1991 and the 1994 Trade-related aspects of Intellectual Property Rights Agreement (TRIPS Agreement) of the World Trade Organization. Each section of this chapter ends with a concise ‘history box’ highlighting the important events that took place over that period of time.
More on the topic Alike Harlan’s vision, it is important to understand the relational character of agricultural evolution, defined as ‘the activities of man that have shaped the evolution of crops and [...] the influences of crops in shaping the evolution of human societies’ (Harlan, 1975: 3).:
- With this citation below, Jack R. Harlan, a noted American agronomist of the twentieth century, begins one of his most famous books, where he develops a philosophy of the evolution of crop plants and civilization.
- Co-evolution of Roman Law and Economy
- Transactional Practices as Levers of Legal Evolution
- Evolution of the contract of societas
- 2 Mechanisms of Legal Evolution
- 1 Co-evolution of Law and Economy
- The evolution of the modern concept of agency
- Legal Evolution and Economic Growth
- The Evolution of Rules Concerning “Novel Food” in China
- The evolution of the modern contract in favour of a third party
- Pignus, Hypotheca, and Fiducia: Parallel and Divergent Evolution
- Verhagen Hendrik L.. Security and Credit in Roman Law: The Historical Evolution of Pignus and Hypotheca. Oxford University Press,2022. — 448 p., 2022
- Evolution of Pignus and Hypotheca: lus Civile, lus Honorarium, and lus Novum
- Perennial agriculture uses crops that do not need to replanted each year, which results in a number of environmental and climate benefits.330