As populism continues to surge around the world, many in the international community are beginning to see international law as being in a deep crisis of legitimacy.Footnote 1 A key reason for this crisis is that today’s international legal system – and the multilateral governance structure it supports – has failed to respond effectively to major challenges of our time, such as environmental harm, growing social inequality, and the rapid pace of technological change. This failure has left many marginalized communities feeling excluded and disempowered, fuelling populist movements at home and placing serious strain on the traditional foundations of international legal thinking.
Elisa Morgera’s Fair and Equitable Benefit-sharing in International Law offers a timely and insightful examination of the current legitimacy crisis in international law. Morgera positions benefit-sharing as a constructive response to the challenges posed by the rise of populist governments by arguing that international law must be grounded in the well-being of all, not just the interests of powerful elites. In doing so, the book provides fresh theoretical insights and practical ideas for how international law can regain its moral authority and adapt to today’s complex global challenges (pp. 32–44).
As a representative work of ‘normative-institutional legal scholarship’ – a form of academic legal writing that emphasizes the development of legal frameworks – the book integrates empirical case studies, normative legal analysis, and policy-oriented reflection.
The book begins with a clear and in-depth conceptual definition of benefit-sharing, examining its multifaceted justice dimensions at the interstate, intrastate, and transboundary levels. It reveals the internal complexity and fragmentation of the concept (pp. 1–31), noting that benefit-sharing often appears in scattered legal domains that lack a unified regulatory framework, and is frequently constrained by the asymmetries of global power structures. Ironically, institutional designs that are ostensibly ‘fair’ can sometimes exacerbate injustice. The author argues that only by confronting and systematically addressing these structural barriers can benefit-sharing evolve into a coherent, normative, and operational principle of international law.
To substantiate her claims, Morgera adopts an interdisciplinary approach that draws from international environmental law, the law of the sea, human rights law, and international economic law. This synthesis effectively demonstrates the legal function and normative potential of the benefit-sharing principle. Particularly noteworthy is the book’s exploration of the intersection between international biodiversity law and human rights law, which expands conventional legal perspectives and offers a nuanced understanding of the institutionalization pathways for benefit-sharing – ultimately providing a compelling model for how international law can respond to demands for global justice.
Overall, Morgera convincingly presents benefit-sharing as a principled and actionable legal norm that holds internal coherence and practical relevance. Its role in restoring the normative legitimacy of international law and addressing the populist challenge is clearly articulated. In today’s world of growing uncertainty and competing values, this book stands out as a vital intellectual and normative resource for those seeking to transform international law into a more equitable and inclusive order.
This review will first summarize the key contributions of each chapter before placing it in a broader context.
Chapter 1 (‘Inter-State Benefit-sharing in Access to Genetic Resources’) delves into the status and challenges of the access and benefit-sharing (ABS) regime within international law. The author highlights the intricate nature of ABS governance, which spans multiple treaties, international documents, and private contracts, posing substantial obstacles to achieving fairness and effectiveness (p. 46).
To address these challenges, the discussion emphasizes the importance of managing regime interplay. For instance, the Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ Agreement)Footnote 2 incorporates lessons from existing ABS frameworks and includes provisions aimed at enhancing regime interaction. To improve collaboration among ABS systems – including potential new initiatives like the proposed World Health Organization pandemic treaty (p. 4) – the author advocates the establishment of multilateral institutions dedicated to fostering dialogue. These institutions could facilitate global partnerships between nations and non-state actors (including beneficiaries) while complementing existing multilateral funds, such as those under the Convention on Biological DiversityFootnote 3 and its Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from Their Utilization to the Convention on Biological Diversity,Footnote 4 the International Treaty on Plant Genetic Resources for Food and Agriculture (International Plant Treaty),Footnote 5 and the BBNJ framework.Footnote 6 By ensuring the financial sustainability of ABS mechanisms, such measures could enable benefit-sharing to contribute effectively to the broader realization of international treaty objectives and relevant United Nations (UN) Sustainable Development Goals (SDGs)Footnote 7 (pp. 91–4). This analysis provides valuable insights into strengthening ABS governance and its crucial role in advancing global sustainability and equity.
Chapter 2 (‘Inter-state Benefit-sharing as Scientific and Technological Cooperation’) examines the international governance mechanisms of scientific information, capacity building, and technology transfer, with a focus on the framework of ‘fair and equitable benefit-sharing’ in scientific and technological cooperation (pp. 95–6).
Under the UN Convention on the Law of the Sea (UNCLOS),Footnote 8 states are obligated to promote marine technology transfer and collaboration. However, the practical implementation of these duties faces challenges as a result of vague obligations, lack of enforcement mechanisms, and fragmented administration. The chapter stresses the need for specific arrangements to ensure equitable and effective global technology exchange (pp. 107–8). Within the BBNJ Agreement,Footnote 9 the human right to science is central in addressing ocean governance injustices. It emphasizes the legal obligations of states to mitigate human rights impacts arising from power imbalances in ocean science and management. By institutionalizing fair benefit-sharing, capacity building, and technology transfer, the BBNJ Agreement fosters inclusive ocean science, empowering the global south and holders of traditional knowledge. It drives transformative ocean conservation while offering valuable lessons for broader international frameworks, such as those addressing climate change and global health (pp. 131–3). This chapter presents a compelling exploration of how scientific and technological cooperation can serve as a vehicle for achieving equity and sustainability in global governance.
Chapter 3 (‘Intra-state Benefit-sharing’: State Obligations Towards Indigenous Peoples’) explores state obligations arising from the rights of Indigenous peoples in the context of benefit-sharing.
The author contends that ‘fair and equitable benefit-sharing’ has become a cornerstone of Indigenous rights, aligning with impact assessments and free, prior and informed consent. This convergence fosters collaboration between human rights and biodiversity law, even though the latter historically has refrained from explicit human rights language. Benefit-sharing includes both inclusive dialogue and substantive aspects, empowering Indigenous communities to maintain control over their resources.
The section emphasizes the need for culturally sensitive impact assessments, which not only prevent harm but also affirm Indigenous rights to reject detrimental developments. It also distinguishes between benefit-sharing and compensation, framing the former as an ongoing obligation to protect Indigenous rights rather than as a remedy for past violations (pp. 152–76). This analysis offers a thoughtful examination of how intrastate benefit-sharing can serve as a tool for justice and equity, providing valuable insights into the legal and ethical dimensions of state obligations towards Indigenous peoples.
Chapter 4 (‘Intra-state and Transnational Benefit-sharing with Local Knowledge Holders’) explores the rights of non-Indigenous peoples and local communities, focusing on benefit-sharing related to traditional knowledge while assessing the current legal landscape and proposing pathways for future development. Grounded in human rights to natural resources and science (pp. 180–1), the author examines benefit-sharing involving local communities, farmers, and small-scale fishers as knowledge holders. Justice dimensions and beneficiary considerations are analyzed within the context of international treaties, emphasizing the importance of security of tenure and the comparative realization of rights in benefit-sharing (pp. 181–95).
This chapter underscores the growing international recognition of intrastate benefit-sharing for non-Indigenous communities, small-scale farmers and fishers, and rural women, though these provisions remain less developed than those for Indigenous peoples. It emphasizes the need to recognize diverse knowledge systems, foster knowledge co-production, and support communities’ control over natural resources to protect their human rights to health, food, livelihoods, and culture. By integrating international environmental law and human rights law, the author advocates inclusive governance that values ecological stewardship and transformative sustainability. It further highlights the role of transdisciplinary research as both a form of benefit-sharing and a pathway to equitable, sustainable solutions. (pp. 261–2).
Chapter 5 (‘Transnational Dimensions of Inter- and Intra-state Benefit-sharing: Business Responsibility to Respect Indigenous Peoples’ Human Rights’) examines the role of international standards in addressing the responsibilities of multinational enterprises towards Indigenous peoples’ human rights. Businesses often navigate conflicts between national jurisdictions and international legal frameworks, which can lead to harm for Indigenous communities and local environments (pp. 221–2). The author argues that fair and equitable benefit-sharing should be central in respecting Indigenous rights, advocating the establishment of clear international standards to regulate corporate behaviour.
The text highlights the importance of due diligence in assessing corporate responsibilities and fostering partnerships that prioritize human rights (pp. 222–4). Standards set by organizations such as the UN, the Organisation for Economic Co-operation and Development (OECD), and the International Finance Corporation (IFC) are identified as benchmarks for ethical business practices. However, challenges persist in defining benefits, preventing exploitation, and addressing the limited capacity of Indigenous communities to negotiate effectively. While these standards influence legal frameworks and corporate compliance, gaps remain in engaging affected communities and monitoring outcomes, emphasizing the need for continued evolution in benefit-sharing and corporate accountability (pp. 255–7).
In the concluding chapter, the author identifies five key findings that compellingly illustrate the institutional potential and normative function of benefit-sharing as an emerging principle of international law. Firstly, the obligation of fair and equitable benefit-sharing among states is identified as the institutional cornerstone of global regimes, governing access to genetic resources and bio-based innovation. This positions international law as a redistributive force in the quest for global resource justice. Secondly, the book highlights how scientific knowledge-sharing, capacity building, and technology transfer are increasingly recognized across various international legal regimes as essential forms of benefit-sharing. These practices play a critical role in bridging the global technological divide and enabling meaningful participation by developing countries in global governance. Thirdly, the domestic dimension of benefit-sharing obligations in relation to Indigenous peoples’ rights is gaining prominence. These obligations are now being integrated into areas such as extractive industry regulation, biodiversity conservation, freshwater management, and climate policy – offering a deeper legal response to environmental justice and systemic inequality. Fourthly, the book draws attention to the emerging but underdeveloped frameworks addressing benefit-sharing for non-Indigenous local communities, small-scale farmers and fishers, rural women, and other legitimate land users. The limited theoretical clarity and institutional support for these groups underscore the need for more inclusive and finely tuned legal structures – particularly to prevent so-called ‘fair’ systems from reinforcing existing injustices. Finally, the study notes that international standards for benefit-sharing by multinational corporations and private actors are gradually taking shape. These emphasize the creation of genuine and equitable partnerships with affected communities, thereby enhancing local agency and development sovereignty in externally driven projects (pp. 258–62). These insights make the book particularly valuable for readers seeking to understand how international law can adapt to – and even counter – the growing global legitimacy crisis.
In my view, this book conveys an important message: benefit-sharing is not merely a legal ideal but a concrete and evolving normative principle within international law. Especially in today’s world, facing multiple complex challenges, Morgera’s advocacy for benefit-sharing as a means to restore and enhance the legitimacy of international law offers a timely and constructive response. Her work provides a practical pathway towards greater fairness, inclusiveness, and resilience in global governance, effectively addressing the challenges confronting international law today. Therefore, this book is an indispensable read for international legal scholars, policymakers, and anyone concerned with the future development of international law, particularly in an era marked by rising populism and global uncertainty.
