RP-Department of Private Law

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    A Legal Perspective of Carbon Rights and Benefit Sharing under REDD+: A Conceptual Framework and Examples from Cambodia and Kenya
    (CCLR, 2015-01) Chapman, Sophie; Wilder, Martijn; Millar, Ilona; Dibley, Arjuna; Yeang, Donal; Heffernan, Joe; Sherchan, Kirtiman; Maguire, Rowena; Kago, Caroline Wanjiku; Kamunde-Aquino, Nelly; Kiguatha, Leah; Idun, Yvonne Nana Afua; Doshi, Mona; Engbring, Gretchen; Dooley, Elizabeth
    This article discusses two key issues in REDD+ design and implementation at the national level – carbon rights, and benefit sharing. Both carbon rights and benefit sharing can be understood as new legal concepts (although they build on existing law), and as legal concepts they offer a framework for addressing related areas of REDD+ policy. Many countries are currently considering how to manage carbon rights and benefit sharing issues, including Cambodia and Kenya. Both of these countries host existing forest carbon projects and are also in the process of designing national REDD+ programmes. This article uses a conceptual framework for carbon rights and benefit sharing derived from legal analysis to consider the cases of both Cambodia and Kenya, and also includes a general discussion of the challenges countries might encounter when considering how to manage carbon rights and benefit sharing in the context of REDD+ implementation.
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    Technology Transfer for Climate Change Mitigation: A Perspective from Kenya
    (The African Journal of Information and Communication (AJIC), 2016) Mwaura, Caroline
    The impact of climate change continues to be experienced worldwide. Treaties such as the UN Framework Convention on Climate Change (UNFCCC) of 1992 and the UNFCCC Paris Agreement of 2015 demonstrate the value that UN Member States attach to reaching consensus on climate change mitigation steps. In this thematic report, the author looks at the issue of climate change mitigation technology transfer (TT) from a Kenyan perspective, specifically with reference to Kenya’s National Climate Change Action Plan (NCCAP), and to provisions in Kenya’s patent law that are relevant to TT licensing agreements between foreign and Kenyan entities.
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    Adding Value for Avocados Grown in Kenya through Geographical Indications: a Legal Perspective
    (Oxford University, 2021) Mwaura, Caroline
    Avocado production in Kenya serves both subsistence and commercial needs. Recent years have seen increased consumption of the fruit both in and outside Kenya. In fact, avocados are Kenya’s most exported fruits.1 Kenya is Africa’s top avocado exporter.2 It is the world’s third largest producer of avocados.3 Avocados are a well-known food item (they are added to meals such as githeri and feature in sandwiches and salads) that is also used in the cosmetic industry. The fruit’s high fat composition has been associated with health benefits. In 2020, high export figures for Kenya’s avocados have been reported4 , even as it has emerged that just ten per cent of the country’s avocado produce is exported.5 Although this study did not find information about the distribution of the remaining ninety per cent of the produce, local consumption and losses likely account for the remainder or part thereof. The relatively low export percentage is a source of concern for various reasons. Among them is the reduced earning potential for farmers. This is because, in addition to local sales, exporting the produce earns foreign exchange which— in turn—boosts revenue for farmers. It also expands the market available for produce, thus assisting in managing the risk that is inherent in relying solely on the domestic market. Smallholder farmers currently dominate avocado production in Kenya.6 This article will highlight the issues that this situation has generated. Among them is the investment capacity by farmers to enhance value in the crop. An important input in production for commercial purposes is the marketing of a product. In turn, marketing is primarily driven by a product’s identity and identifier(s), including a product’s name and reputation in an industry. It is on this basis that this article explores the possible role that geographical indications could have in enhancing revenue generation for avocado farmers in Kenya