Environmental / Energy Law

Biocultural Rights, Indigenous Peoples and Local Communities: Protecting Culture and the Environment

Edited by Girard. Fabien · Ingrid Hall · Christine Frison
Routledge June 2022

Specifications

ISBN-13
9781032000817
Publisher
Routledge
Publication
June 2022
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

This volume presents a comprehensive overview of biocultural rights, examining how we can promote the role of indigenous peoples and local communities as environmental stewards and how we can ensure that their ways of life are protected.

With Biocultural Community Protocols (BCPs) or Community Protocols (CPs) are increasingly seen as a powerful way of tackling this immense challenge, this book investigates these new instruments pioneering pieces of legislation and considers the lessons that can be learnt about the situation of indigenous peoples and local communities. It opens with theoretical insights which provide the reader with foundational concepts such as biocultural diversity, biocultural rights, and community rule-making. In Part Two, the book moves on to community protocols within the Access Benefit Sharing (ABS) context, while taking a glimpse into the nature and role of community protocols beyond issues of access to genetic resources and traditional knowledge. A thorough review of specific cases drawn from field-based research around the world is presented in this part. Comprehensive chapters also explore the negotiation process and raise stimulating questions about the role of international brokers and organisations and the way they can use BCPs/CPs as disciplinary tools for national and regional planning or to serve powerful institutional interests. Finally, the third part of the book considers whether BCPs/CPs, notably through their emphasis on "stewardship of nature" and "tradition", can be seen as problematic arrangements that constrain indigenous peoples within the Western imagination, without any hope of them reconstructing their identities according to their own visions, or whether they can be seen as political tools and representational strategies used by indigenous peoples in their struggle for greater rights to their land, territories and resources, and for more political space.

This volume will be of great interest to students and scholars of environmental law, indigenous peoples, biodiversity conservation and environmental anthropology. It will also be of great use to professionals and policymakers involved in environmental management and the protection of indigenous rights.

Table of Contents

1. Community Protocols and Biocultural Rights: Unravelling the Biocultural Nexus in ABS
Fabien Girard, Christine Frison and Ingrid Hall
Part 1. Conceptual Insights: Biocultural Diversity, Biocultural Rights, and Space Making
2. A Biocultural Ethics Approach to Biocultural Rights: Exploring Rights, Responsibilities and Relationships through Ethics initiatives in Canada
Kelly Bannister
3. Sumaq kawsay (Good living) and Indigenous Potatoes: On the Delicate Exercise of Ontological Diplomacy
Ingrid Hall
4. Unmaking the Nature/Culture Divide. The Ontological Diplomacy of Indigenous Peoples and Local Communities at the CBD
Ingrid Hall
5. From Obstruction to Decolonization? Contested Sovereignty, the Seed Treaty & Biocultural Rights in the United States/Turtle Island & Beyond
Garrett Graddy-Lovelace
6. The Legal Framework Behind Biocultural Rights. An Analysis of their Pros and Cons for Indigenous Peoples and for Local Communities
Giulia Sajeva
Part 2. Biocultural Community Protocols, Access and Benefit-Sharing, and Beyond
7. Community Protocols as Tools for Collective Action beyond Legal Pluralism – the Case of Tracks in the Salt
Pia Marchegiani and Louisa Parks
8. Biocultural Rights and Biocultural Community Protocols in the Pacific
Margaret Raven and Daniel Robinson
9. The Khoikhoi Community’s Biocultural Rights Journey with Rooibos
Leslé Jansen and Rayna Sutherland
10. Biocultural Community Protocols and Boundary Work in Madagascar: Enrolling Actors in the Messy World(s) of Global Biodiversity Conservation
Fabien Girard and Manohisoa Rakotondrabe
Part 3. Biocultural Jurisprudence, Sovereignty, and Legal Subjectivity
11. Biocultural Community Protocols and the Ethic of Stewardship: The Sovereign Stewards of Biodiversity
Reia Anquet and Fabien Girard
12. Concluding Thoughts: Biocultural Jurisprudence in Hindsight: Lessons for the Way Forward
Fabien Girard, Christine Frison and Ingrid Hall
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