New EU legislation implementing the Nagoya Protocol undermines the Protocols provisions on protec... more New EU legislation implementing the Nagoya Protocol undermines the Protocols provisions on protection of the rights of Indigenous and local communities over their genetic resources and traditional knowledge. This briefing paper highlights the weaknesses of the European legislation and suggests measures countries may take to secure the rights of their indigenous and local communities. It also provides a synopsis of the relevant provisions of the Nagoya Protocol
This article explores international legal protection
of Indigenous peoples’ rights over their ge... more This article explores international legal protection
of Indigenous peoples’ rights over their genetic
resources and traditional knowledge. It analyses the
status of customary law in international human rights
law and under national constitutional law, as well as
its place in regional and international regulation of
access to genetic resources and protection of
traditional knowledge. It critiques draft European Union legislation to implement the Nagoya Protocol and its failure to protect Indigenous peoples resource and knowledge rights. The article concludes
that due respect and recognition for customary law
is crucial if states are to meet their obligations to
respect, protect and fulfil Indigenous peoples’ human
rights and ensure legal certainty for users of genetic
resources and traditional knowledge. It further
concludes that the adoption of robust international
compliance mechanisms, in particular disclosure of
origin requirements in intellectual property regimes,
will play a double role in securing recognition of
customary law and working with customary law to
bridge the Nagoya Protocol’s compliance gap.
New EU legislation implementing the Nagoya Protocol undermines the Protocols provisions on protec... more New EU legislation implementing the Nagoya Protocol undermines the Protocols provisions on protection of the rights of Indigenous and local communities over their genetic resources and traditional knowledge. This briefing paper highlights the weaknesses of the European legislation and suggests measures countries may take to secure the rights of their indigenous and local communities. It also provides a synopsis of the relevant provisions of the Nagoya Protocol
This article explores international legal protection
of Indigenous peoples’ rights over their ge... more This article explores international legal protection
of Indigenous peoples’ rights over their genetic
resources and traditional knowledge. It analyses the
status of customary law in international human rights
law and under national constitutional law, as well as
its place in regional and international regulation of
access to genetic resources and protection of
traditional knowledge. It critiques draft European Union legislation to implement the Nagoya Protocol and its failure to protect Indigenous peoples resource and knowledge rights. The article concludes
that due respect and recognition for customary law
is crucial if states are to meet their obligations to
respect, protect and fulfil Indigenous peoples’ human
rights and ensure legal certainty for users of genetic
resources and traditional knowledge. It further
concludes that the adoption of robust international
compliance mechanisms, in particular disclosure of
origin requirements in intellectual property regimes,
will play a double role in securing recognition of
customary law and working with customary law to
bridge the Nagoya Protocol’s compliance gap.
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of Indigenous peoples’ rights over their genetic
resources and traditional knowledge. It analyses the
status of customary law in international human rights
law and under national constitutional law, as well as
its place in regional and international regulation of
access to genetic resources and protection of
traditional knowledge. It critiques draft European Union legislation to implement the Nagoya Protocol and its failure to protect Indigenous peoples resource and knowledge rights. The article concludes
that due respect and recognition for customary law
is crucial if states are to meet their obligations to
respect, protect and fulfil Indigenous peoples’ human
rights and ensure legal certainty for users of genetic
resources and traditional knowledge. It further
concludes that the adoption of robust international
compliance mechanisms, in particular disclosure of
origin requirements in intellectual property regimes,
will play a double role in securing recognition of
customary law and working with customary law to
bridge the Nagoya Protocol’s compliance gap.
of Indigenous peoples’ rights over their genetic
resources and traditional knowledge. It analyses the
status of customary law in international human rights
law and under national constitutional law, as well as
its place in regional and international regulation of
access to genetic resources and protection of
traditional knowledge. It critiques draft European Union legislation to implement the Nagoya Protocol and its failure to protect Indigenous peoples resource and knowledge rights. The article concludes
that due respect and recognition for customary law
is crucial if states are to meet their obligations to
respect, protect and fulfil Indigenous peoples’ human
rights and ensure legal certainty for users of genetic
resources and traditional knowledge. It further
concludes that the adoption of robust international
compliance mechanisms, in particular disclosure of
origin requirements in intellectual property regimes,
will play a double role in securing recognition of
customary law and working with customary law to
bridge the Nagoya Protocol’s compliance gap.