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Incorporating Indigenous Rights in the International Regime on Biodiversity Protection: Access, Benefit-sharing and Conservation in Indigenous Lands

Incorporating Indigenous Rights in the International Regime on Biodiversity Protection: Access, Benefit-sharing and Conservation in Indigenous Lands

Author: Federica Cittadino
Publisher: Brill Nijhoff
ISBN: 9789004364196
Published In: September 2019
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

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In Incorporating Indigenous Rights in the International Regime on Biodiversity Protection, Federica Cittadino convincingly interprets the Convention on Biological Diversity (CBD) and its related instruments in light of indigenous rights and the principle of self-determination. Cittadino’s harmonisation of these formally separated regimes serves at least two main purposes. First, it ensures respect for the human rights framework that protects indigenous rights whilst implementing the biodiversity regime. Second, harmonisation allows for the full operationalisation of the indigenous related provisions of the CBD framework that concern traditional knowledge, genetic resources, and protected areas. Federica Cittadino successfully demonstrates that the CBD may allow for the protection of indigenous rights in ways that are more advanced than under current human rights law.

Abbreviations

Table of Treaties

Table of Cases

Introduction

Aim of the Book

Defining the Scope of the Book: Who Are Indigenous Peoples?

Outline of the Book

Indigenous Rights and the Protection of Biodiversity: State of the Art

The Human Rights Approach to Environmental Protection: the Case of Indigenous Peoples

1.1 The Global Mechanisms of Human Rights Protection

1.1.1 The Human Rights Committee

1.1.2 The Committee on the Elimination of Racial Discrimination (cerd)

1.1.3 The Committee on Economic, Social and Cultural Rights

1.1.4 The ilo Monitoring System

1.2 The Regional Mechanisms of Human Rights Protection

1.2.1 The Inter- American System

1.2.2 The African Human Rights Mechanisms

1.2.3 The European Court of Human Rights

1.2.4 Asia and Oceania: National Cases and Contamination

1.3 Main Common Trends and Differences

1.4 An Assessment of the Traditional Approach

Indigenous Rights in the cbd: State of the Art and Underlying Problems

2.1 The cbd: Objectives, Structure, and Functioning

2.2 The cbd and Indigenous Peoples

Indigenous Rights in the cbd: beyond the Human Rights Approach to Environmental Protection

Incorporating Indigenous Rights into the cbd: an Interpretative Approach

The Rights of Indigenous Peoples

1.1 The Right to Land

1.2 The Right to Natural Resources

1.3 Cultural Rights

1.4 Participatory Rights

1.5 The Right to Autonomy

1.6 The Right to Self- Determination

1.7 Some Considerations on the Corpus of Indigenous Rights

The Legal Status of Indigenous Peoples' Rights

2.1 Treaty Rights

2.2 Customary Law: Human Rights Law and the UN Declaration

Self- Determination as a General Principle of International Law

Incorporating Indigenous Rights into the cbd through Systemic Interpretation and the Principle of Self- Determination

Access and Benefit- Sharing and Indigenous Peoples: Applying the Interpretative Approach

abs and Indigenous Rights: Interpretative Problems and Harmonisation

The Incorporation of Indigenous Rights into the International Regime on abs

2.1 Access to Traditional Knowledge

2.1.1 The Link between Article 8(j) cbd and abs

2.1.2 Consent, Approval and Involvement

2.1.3 The Notion of Traditional Knowledge Associated with Genetic Resources

2.1.4 The Definition of Utilisation of Traditional Knowledge

2.2 Access to Genetic Resources Owned by Indigenous Peoples

2.3 Benefit- Sharing

2.3.1 Multilateral Benefit- Sharing: a Comparison with itpgrfa

2.4 Tools for Reconciliation and Main Limitations

2.4.1 Tools for Reconciliation

2.4.2 Gaps and Limitations

Unveiling the Relevance of Indigenous Rights and the Principle of Self- Determination: Applying the Interpretative Approach

Conservation, Protected Areas and Indigenous Peoples: Applying the Interpretative Approach

Conservation and Indigenous Rights: Interpretative Problems and Harmonisation

The Incorporation of Indigenous Rights into International Conservation Regimes

2.1 Developments in the cbd: Indigenous Participatory Rights

2.1.1 Participatory Rights and Ecosystem Approach

2.1.2 Participatory Rights and Protected Areas

2.1.3 Participatory Rights and icca s

2.2 Developments in the whc: Indigenous Participatory Rights

2.2.1 Participatory Rights and the Creation and Management of World Heritage Sites

2.2.2 Participatory Rights and Mining in World Heritage Sites

2.3 Common Elements: Tools for Reconciliation and Limitations

Unveiling the Relevance of Indigenous Rights and the Principle of Self- Determination: Applying the Interpretative Approach

Conclusion Avenues for Harmonisation with Indigenous Rights: the cbd and Beyond

A Reasoned Summary: the Role of Self- Determination in Fostering Harmonisation

Against All Odds: Where the cbd Regime Is More Protective than Human Rights Law

The cbd Regime and Contamination with Indigenous Rights

The Global Relevance of Indigenous Rights and Future Avenues for Research

Bibliography

Index

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