Show simple item record

dc.contributor.authorTobin, Brendan
dc.contributor.editorH Shrumm and J Campese
dc.date.accessioned2017-05-03T16:00:26Z
dc.date.available2017-05-03T16:00:26Z
dc.date.issued2010
dc.identifier.issn15374696
dc.identifier.urihttp://hdl.handle.net/10072/69525
dc.description.abstractHistorically, international law has served as a legitimizing tool for colonialism and abrogation of Indigenous peoples' rights. Developments in international human rights law over the past 50 years have at last recognized Indigenous peoples' rights to their lands, territories, resources, knowledge, customs, laws, and, most importantly, self-determination. The extent of these rights has been most clearly articulated in the 2007 United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). The Protocol on access to genetic resources and benefit sharing (ABS), which is currently being finalized by the Working Group on ABS under the auspices of the Convention on Biological Diversity, is the first international instrument to be negotiated since the adoption of UNDRIP that directly addresses Indigenous peoples' human rights. The extent to which the ABS Protocol recognizes and reflects the rights set out in UNDRIP will be an important indicator of the international community's commitment to the realization of Indigenous peoples' human rights and recognition of the fundamental role that customary law plays in ABS and traditional knowledge governance. Negotiation of the ABS Protocol provides an important opportunity for the international community to correct, at least in part, the historic abuse of Indigenous peoples under international law. The paper concludes that good legal governance, capable of securing equitable benefit sharing and the protection of subsisting native title rights over genetic resources and traditional knowledge, requires a 'rule of law' based upon multicultural legal pluralism, which recognizes and draws upon sources of legal principles, equity, contract, and dispute resolution found in both customary and positive legal regimes.
dc.description.peerreviewedYes
dc.description.publicationstatusYes
dc.format.extent3050767 bytes
dc.format.mimetypeapplication/pdf
dc.languageEnglish
dc.language.isoeng
dc.publisherRural School and Community Trust
dc.publisher.placeUnited States
dc.publisher.urihttp://www.iucn.org/about/union/commissions/ceesp/ceesp_publications/?6558/Policy-Matters-17-November-2010---Exploring-the-Right-to-Diversity-in-Conservation-Law-Policy-and-Practice
dc.relation.ispartofstudentpublicationN
dc.relation.ispartofpagefrom16
dc.relation.ispartofpageto25
dc.relation.ispartofissue17
dc.relation.ispartofjournalPolicy Matters
dc.relation.ispartofvolumeOctober
dc.rights.retentionY
dc.subject.fieldofresearchHuman Rights Law
dc.subject.fieldofresearchcode180114
dc.titleThe Law Giveth and the Law Taketh Away: The Case for Recognition of Customary Law in International ABS and TK Governance
dc.typeJournal article
dc.type.descriptionC1 - Articles
dc.type.codeC - Journal Articles
gro.rights.copyright© 2010 IUCN. The attached file is reproduced here in accordance with the copyright policy of the publisher. Please refer to the journal's website for access to the definitive, published version.
gro.hasfulltextFull Text
gro.griffith.authorTobin, Brendan


Files in this item

This item appears in the following Collection(s)

  • Journal articles
    Contains articles published by Griffith authors in scholarly journals.

Show simple item record