Incorporating Indigenous Rights in the International Regime on Biodiversity Protection: Access, Benefit-sharing and Conservation in Indigenous Lands: Legal Studies on Access and Benefit-sharing, cartea 6
Autor Federica Cittadinoen Limba Engleză Hardback – 21 aug 2019
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Specificații
ISBN-13: 9789004364196
ISBN-10: 9004364196
Pagini: 384
Dimensiuni: 155 x 235 mm
Greutate: 0.7 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria Legal Studies on Access and Benefit-sharing
ISBN-10: 9004364196
Pagini: 384
Dimensiuni: 155 x 235 mm
Greutate: 0.7 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria Legal Studies on Access and Benefit-sharing
Cuprins
Acknowledgments
Abbreviations
Table of Treaties
Table of Cases
Introduction
1 Aim of the Book
2 Defining the Scope of the Book: Who Are Indigenous Peoples?
3 Outline of the Book
1 Indigenous Rights and the Protection of Biodiversity: State of the Art
1 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
2 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
3 Indigenous Rights in the cbd: beyond the Human Rights Approach to Environmental Protection
2 Incorporating Indigenous Rights into the cbd: an Interpretative Approach
1 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
2 The Legal Status of Indigenous Peoples’ Rights
2.1 Treaty Rights
2.2 Customary Law: Human Rights Law and the UN Declaration
3 Self- Determination as a General Principle of International Law
4 Incorporating Indigenous Rights into the cbd through Systemic Interpretation and the Principle of Self- Determination
3 Access and Benefit- Sharing and Indigenous Peoples: Applying the Interpretative Approach
1 abs and Indigenous Rights: Interpretative Problems and Harmonisation
2 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
3 Unveiling the Relevance of Indigenous Rights and the Principle of Self- Determination: Applying the Interpretative Approach
4 Conservation, Protected Areas and Indigenous Peoples: Applying the Interpretative Approach
1 Conservation and Indigenous Rights: Interpretative Problems and Harmonisation
2 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
3 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
1 A Reasoned Summary: the Role of Self- Determination in Fostering Harmonisation
2 Against All Odds: Where the cbd Regime Is More Protective than Human Rights Law
3 The cbd Regime and Contamination with Indigenous Rights
4 The Global Relevance of Indigenous Rights and Future Avenues for Research
Bibliography
Index
Abbreviations
Table of Treaties
Table of Cases
Introduction
1 Aim of the Book
2 Defining the Scope of the Book: Who Are Indigenous Peoples?
3 Outline of the Book
1 Indigenous Rights and the Protection of Biodiversity: State of the Art
1 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
2 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
3 Indigenous Rights in the cbd: beyond the Human Rights Approach to Environmental Protection
2 Incorporating Indigenous Rights into the cbd: an Interpretative Approach
1 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
2 The Legal Status of Indigenous Peoples’ Rights
2.1 Treaty Rights
2.2 Customary Law: Human Rights Law and the UN Declaration
3 Self- Determination as a General Principle of International Law
4 Incorporating Indigenous Rights into the cbd through Systemic Interpretation and the Principle of Self- Determination
3 Access and Benefit- Sharing and Indigenous Peoples: Applying the Interpretative Approach
1 abs and Indigenous Rights: Interpretative Problems and Harmonisation
2 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
3 Unveiling the Relevance of Indigenous Rights and the Principle of Self- Determination: Applying the Interpretative Approach
4 Conservation, Protected Areas and Indigenous Peoples: Applying the Interpretative Approach
1 Conservation and Indigenous Rights: Interpretative Problems and Harmonisation
2 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
3 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
1 A Reasoned Summary: the Role of Self- Determination in Fostering Harmonisation
2 Against All Odds: Where the cbd Regime Is More Protective than Human Rights Law
3 The cbd Regime and Contamination with Indigenous Rights
4 The Global Relevance of Indigenous Rights and Future Avenues for Research
Bibliography
Index
Notă biografică
Federica Cittadino, Ph.D. (2017), is Senior Researcher at the Institute for Comparative Federalism, Eurac Research, Italy. She has published several contributions on the interaction between biodiversity law and indigenous rights. She is co-author of La tutela dell’ambiente tra Stato e Regioni alla luce della riforma costituzionale (2016).
Please enjoy this short video on the book here.
Please enjoy this short video on the book here.