| Description |
1 online resource |
| Series |
Indigenous Peoples and the Law Series |
| Contents |
Cover -- Half Title -- Series Page -- Title Page -- Copyright Page -- Table of Contents -- List of illustrations -- Preface -- List of Acronyms and Abbreviations -- 1. Introduction -- I Overview and Purpose -- II Research Questions -- III Research Methods -- IV Justification for Research -- V Terminology -- VI Chapter Outline -- 2. International Legal Framework: Respecting Traditional Knowledge and Fair and Equitable Benefit-Sharing -- I Introduction -- II Objectives of the CBD -- A Promoting the Wider Application and Exchange of Traditional Knowledge and 'Equitable' Benefit-Sharing |
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B Facilitated Access to Genetic Resources and Benefit- Sharing -- III Supplementary Instruments of the CBD: The Bonn Guidelines and the Nagoya Protocol -- A Negotiating the Bonn Guidelines and the Nagoya Protocol for Access and Benefit-Sharing -- B Facilitated Access to Genetic Resources and Benefit- Sharing -- IV Characterising Benefit-Sharing as 'Fair and Equitable': Balancing Transactional Certainty and Participatory Rights of Indigenous Peoples -- V Indigenous Peoples Human Rights to Full and Effective Participation in Measures for Access and Benefit-Sharing |
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A Human Rights Relevant to Fair and Equitable Benefit Sharing with Indigenous Peoples -- B Obligations for Access and Benefit-Sharing Measures of the CBD and the Nagoya Protocol to Mutually Support Human Rights Agreements -- VI Conclusions -- 3. Australia's Implementation of the Convention on Biological Diversity and the Supplementary Bonn Guidelines and Nagoya Protocol -- I Introduction -- II Differentiated Responsibility of Australian Governments for Managing Access to Biological Resources -- A National Strategy for the Conservation of Australia's Biological Diversity 1996 |
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B Nationally Consistent Approach for Access and Utilisation of Genetic and Biochemical Resources -- III Measures and Mechanisms for Accessing Biological Resources in Commonwealth Areas -- A Accessing Biological Resources from Commonwealth Areas and Indigenous People's Lands -- B Obligations for Benefit Sharing Arising from the Utilisation of Associated Traditional Knowledge -- C Administrative Mechanisms of the Commonwealth for Access and Benefit Sharing: National Competent Authorities and National Focal Point |
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IV Legislative and Policy Measures of States and Territories for Access and Benefit-Sharing -- A Queensland -- B Northern Territory -- C Australian Capital Territory -- D Victoria -- V Western Australia and New South Wales: Draft Legislation for Access and Benefit-Sharing and Existing Measures for Taking Public Resources -- A Western Australia -- B New South Wales -- VI Australian States and Territories Without Legislation Enabling Access to Biological Resources for Benefit-Sharing -- A South Australia -- B Tasmania |
| Summary |
This book addresses the issue of Indigenous peoples' participation in genetic resource access and benefit-sharing and associated traditional knowledge for self-determination. Genetic resources from nature are increasingly used in global biodiscovery research and development, but they often use Indigenous peoples' traditional knowledge without their consent and without sharing the benefit. The Nagoya Protocol is an instrument of the Convention on Biological Diversity intended to ensure Indigenous peoples' traditional knowledge is used with their prior and informed consent or approval and entails benefit-sharing on mutually agreed terms. Many countries with significant Indigenous populations have signed the Nagoya Protocol and are currently grappling with implementation of its provisions. This book takes up a case study of Australia to demonstrate how Indigenous community governance in settler states can serve as a path to implementing the Nagoya Protocol. Australia's access and benefitsharing framework is globally hailed as best practice, offering lessons for other countries implementing the Nagoya Protocol. Focusing on two Indigenous community organisations in Australia, the book establishes a unique evaluative framework for analysing and differentiating the governance arrangements used by Indigenous communities for facilitating decision-making related to traditional knowledge. This book will appeal to scholars working in the areas of international environmental law, human rights, biotechnology law, and Indigenous legal issues; as well as those directly engaged in implementing access and benefit-sharing measures and developing law reform strategies |
| Notes |
Neva Collings is an Aboriginal lawyer currently practising in New South Wales, Australia |
| SUBJECT |
Convention on Biological Diversity (1992 June 5). Protocols, etc. d (2010 October 29)
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Convention on Biological Diversity (1992 June 5) fast (OCoLC)fst01773999 |
| Subject |
Traditional ecological knowledge -- Law and legislation -- Australia
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Aboriginal Australians -- Legal status, laws, etc.
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Germplasm resources conservation -- Law and legislation -- Australia
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LAW / Indigenous Peoples
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LAW / Natural Resources
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Aboriginal Australians -- Legal status, laws, etc.
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Germplasm resources conservation -- Law and legislation.
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Traditional ecological knowledge -- Law and legislation.
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Australia.
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| Form |
Electronic book
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| ISBN |
9781000927634 |
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1000927636 |
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9781003367123 |
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1003367127 |
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9781000927689 |
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1000927687 |
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