Tag Archives: traditional knowledge

Protecting Environmental Rights Through the Bilateral Agreements of the European Union: Mapping the Field (E. Morgera)

Author(s)

Elisa Morgera

Keywords

EU external relations, EU environmental policy, environmental rights, EU agreements, climate change, biodiversity, forest, traditional knowledge, corporate accountability

Abstract

The present paper aims to map existing and future opportunities for utilizing EU bilateral agreements to promote the protection of environmental rights, as well as available legal avenues to address missed opportunities and possible risks that EU environmental action abroad may negatively impact on environmental rights in third countries. It starts with a brief overview of the external environmental policy of the EU, including constitutional requirements to couple human rights and environmental protection in external relations and an introduction to the practice of EU bilateral agreements. The chapter will then provide a snapshot of the environment-and-human-rights connection in EU law from an internal perspective, to demonstrate the political sensitivity of the issue. Against this background, the central part of the paper will identify six thematic areas in which entry points for the protection of environmental rights exist in the framework of EU bilateral agreements. The final section will offer a preliminary reflection of the human rights risks of current environmental external relations of the Union and possible avenues to tackle these risks in EU and international law.

Citation

(2014) Lenzerini, F and A Vrdoljak, eds. International Law for Common Goods: Normative Perspectives on Human Rights, Culture and Nature (Hart) pp. 421-441

Paper

Protecting Environmental Rights Through the Bilateral Agreements of the European Union: Mapping the Field

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Conservation clash and the case for exemptions: how eagle protection conflicts with Hopi cultural preservation (S. Fenstemaker)

Author

Sarah Fenstemaker

Keywords

Arts and culture, Environment, Birds, Environmental protection, Hunting, Indigenous peoples, Religions, Traditional knowledge

Abstract

Discusses the impact of US Fish and Wildlife Service proposals to end the granting of religious exemptions to the ban on the hunting of certain migratory birds on the Hopi tribe, which uses golden eagles and their feathers in a religious ceremony considered vital to the tribe’s cultural identity.

Citation

(2007) 14(3) International Journal of Cultural Property 315-328

Paper

Conservation clash and the case for exemptions: how eagle protection conflicts with Hopi cultural preservation

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In the Way of Development: Indigenous Peoples, Life Projects and Globalization (M. Blaser, et al)

Editor(s)

Mario Blaser, Harvey A. Feit and Glenn McRae

Keywords

Indigenous Peoples, Development, Paraguayan Indigenism, Yshiro People‘s Life Projects, Traditional Ecological Knowledge, Sustainable Development, Animal Partners, Grassroots Transnationalism, Great Whale Campaign, States, Markets, Civil Society, Canada, Native/Non-Native Alliances, Mining Corporations, Chilean Economic Expansion, Mega-Development Project, Mapuche Territories, Hydroelectric Development, Bío-Bío River, Anthropology and Human Rights, Advocacy, Ecological Ethnicities, Russian Far East, Conflicting Discourses, Property, Governance, Indigenous North, Resistance, Determination, Perseverance

Abstract

A collaboration between indigenous leaders, social activists and scholars from a wide range of disciplines, In the Way of Development explores the current situation of indigenous peoples enmeshed in the remorseless expansion of the modern economy.

The volume assembles a rich diversity of statements, case studies and wider thematic explorations all starting with indigenous peoples as actors, not victims. The accounts come primarily from North America, but include also studies from South America, and the former Soviet Union.

In the Way of Development shows how the boundaries between indigenous peoples‘ organizations, civil society, the state, markets, development and the environment are ambiguous and constantly changing. This fact makes local political agency possible, but also, ironically, opens the possibility of undermining it.

The volume presents these complex, power-laden, often contradictory features of indigenous agency and relationships. It shows how peoples do not just resist or react to the pressures of market and state, but also sustain ‘life projects‘ of their own.

Citation

Mario Blaser, Harvey A. Feit and Glenn McRae (eds), In the Way of Development: Indigenous Peoples, Life Projects and Globalization (Zed Books, 2004)

Book

In the Way of Development: Indigenous Peoples, Life Projects and Globalization

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Conservation Refugees: The Hundred-Year Conflict between Global Conservation…(M. Dowie)

Author

Mark Dowie

Keywords

Conservation, indigenous peoples, land, livelihoods, sustainability, generations, conservation interests, differing definitions, traditional knowledge, modern ecology

Abstract

Since 1900, more than 108,000 officially protected conservation areas have been established worldwide, largely at the urging of five international conservation organizations. About half of these areas were occupied or regularly used by indigenous peoples. Millions who had been living sustainably on their land for generations were displaced in the interests of conservation. In Conservation Refugees, Mark Dowie tells this story.

This is a “good guy vs. good guy” story, Dowie writes; the indigenous peoples’ movement and conservation organizations have a vital common goal—to protect biological diversity—and could work effectively and powerfully together to protect the planet and preserve species and ecosystem diversity. Yet for more than a hundred years, these two forces have been at odds. The result: thousands of unmanageable protected areas and native peoples reduced to poaching and trespassing on their ancestral lands or “assimilated” but permanently indentured on the lowest rungs of the economy.

Dowie begins with the story of Yosemite National Park , which by the turn of the twentieth century established a template for bitter encounters between native peoples and conservation. He then describes the experiences of other groups, ranging from the Ogiek and Maasai of eastern Africa and the Pygmies of Central Africa to the Karen of Thailand and the Adevasis of India. He also discusses such issues as differing definitions of “nature” and “wilderness,” the influence of the “BINGOs” (Big International NGOs, including the Worldwide Fund for Nature, Conservation International, and The Nature Conservancy), the need for Western scientists to respect and honor traditional lifeways, and the need for native peoples to blend their traditional knowledge with the knowledge of modern ecology. When conservationists and native peoples acknowledge the interdependence of biodiversity conservation and cultural survival, Dowie writes, they can together create a new and much more effective paradigm for conservation.

Citation

Mark Dowie, Conservation Refugees: The Hundred-Year Conflict between Global Conservation and Native Peoples (MIT Press , USA 2009)

Book

Conservation Refugees: The Hundred-Year Conflict between Global Conservation and Native Peoples

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Traditional Knowledge Products in Latin America and their Misappropriation (M.A.G. Bardi, et al)

Author(s)

Marcelo A.G. Bardi, Evelyn Gutierrez-Oppe and Rodolfo Politano

Keywords

Biodiversity; Free trade; Intellectual property; South America; Traditional knowledge; International Trade

Abstract

Discusses the range of plant species in Latin America which are used inappropriately by global companies, and how intellectual property policies might be used to increase the protection available to traditional knowledge products. Reviews the biodiversity of Latin America , the scope for bio-piracy of traditional knowledge and proposals to amend existing free trade agreements including the Agreement on Trade-Related Aspects of Intellectual Property Rights 1994 to address such biodiversity-related concerns. Presents case studies on the appropriation of biological resources in the region.

Citation

(2011) 6(1) Journal of Intellectual Property Law & Practice 34-42

Paper

Traditional Knowledge Products in Latin America and their Misappropriation

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