To save content items to your account,
please confirm that you agree to abide by our usage policies.
If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account.
Find out more about saving content to .
To save content items to your Kindle, first ensure no-reply@cambridge.org
is added to your Approved Personal Document E-mail List under your Personal Document Settings
on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part
of your Kindle email address below.
Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations.
‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi.
‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
This chapter details the vital role of Indigenous trade and investment in promoting sustainable development. Firstly, it discusses the prerequisite for Indigenous trade, emphasizing a nation-building approach centred on the significance of robust tribal infrastructure. The chapter then addresses the barriers hindering Indigenous inter-tribal trade, including state, or provincial interference in tribal jurisdiction, poor tribal governance, Canada’s failure to honour its Jay Treaty obligations, the lack of Indigenous foreign trade zones, the exclusion of Indigenous traditional knowledge (TK) from intellectual property (IP) regimes, and historical challenges in trade financing. Additionally, the chapter explores Indigenous trade and commerce engagements with non-Indigenous enterprises, both with and without federal permission, highlighting the implications, challenges, and opportunities involved. By examining these aspects, the chapter advocates for empowering Indigenous nations through trade and investment, fostering economic opportunities while preserving cultural heritage, and working towards sustainable development by creating a strong economic baseline.
This chapter closes off the volume by exploring the innovative approaches to incorporating the principles of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and sustainable development in newly negotiated Indigenous trade agreements. The introduction highlights the significance of UNDRIP in promoting the rights and aspirations of Indigenous peoples. The chapter details the origins of the Indigenous Peoples Economic Trade and Cultural Agreement (IPETCA), focusing on its innovations that enabled trade negotiations that amplified Indigenous views and values while enabled by the nation-states of New Zealand, Taiwan, Australia, and Canada. The chapter then delves into the sustainable development aspects of IPETCA, showcasing how it aligns with the principles of UNDRIP and fosters economic growth while respecting Indigenous rights. It then discusses IPETCA’s working mechanism and implementation. Thus, the chapter underscores the importance of innovative approaches like IPETCA in advancing Indigenous trade agreements that prioritize sustainable development and uphold the principles of UNDRIP.
This chapter presents agreements between Indigenous peoples and governments, specifically those in Bangladesh and Mexico that focus on their roles in promoting sustainable development. The introduction sets the stage for subsequent discussions by emphasizing the importance of global legal and policy frameworks in shaping these agreements, with the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and the global Sustainable Development Goals (SDGs). The two case studies from Bangladesh and Mexico are then analysed, shedding light on the unique characteristics, provisions, and outcomes of agreements between Indigenous peoples and governments in these contexts. A comparative analysis is conducted to identify commonalities, differences, and lessons learned from these case studies. Ultimately, the chapter concludes by highlighting the significance of ongoing dialogue, collaboration, and respect for Indigenous rights in achieving sustainable development goals globally. It underscores the importance of incorporating Indigenous perspectives and aspirations into the design and implementation of such agreements.
Chapter 5 explores the complex relationship between Indigenous traditional knowledge (TK) and intellectual property (IP) concerning genetic resources. It begins by examining the challenges of distinguishing TK from IP and presents the Munzer Model as a potential compromise for addressing TK within the IP framework. The chapter then delves into national efforts to protect and recognize TK, focusing on US and Canadian cases, including the Cowichan Sweater example from the 2010 Vancouver Olympic Winter Games. Furthermore, it details the evolving landscape of TK in international trade agreements, highlighting its increasing recognition and integration as a ‘new norm’. By analysing these historic and current developments in TK recognition, this chapter emphasizes the need for a balanced approach that respects the unique nature of TK while navigating the complexities of IP frameworks. It underscores the importance of preserving and utilizing TK and genetic resources for the benefit of Indigenous communities and for advancing sustainable development.
This book concludes with this Afterword that emphasizes the critical importance of integrating Indigenous knowledge and treaties into the framework of sustainable development. This chapter summarizes the conclusions we have brought forth throughout this volume and is centred on the wisdom and practices of Indigenous peoples that promote respect, reciprocity, and harmony with the natural world. The convergence of Indigenous knowledge with global sustainable development agendas is now widely recognized as a crucial step towards a more balanced and resilient future. As the world faces unprecedented challenges such as natural disasters, resource scarcity, and human rights violations, recognizing the strengths of diverse worldviews becomes essential. By examining case studies and comparative legal research, this book demonstrates the potential of treaties to foster sustainable futures that benefit all living beings.
This chapter presents case studies of Indigenous peace agreements in the Andes region. It begins with an introduction that highlights the significance of understanding legal geography and its relevance to Indigenous peoples. It then explores the legal frameworks that protect Indigenous rights, focusing on international instruments such as declarations and conventions. It then examines specific agreements in the Andes that enact these legal frameworks, with a spotlight on the National Agreement for Development and Peace in La Araucanía, 2018, in Chile, and the Agreement Between the Bolivian Government and the Confederation of Indigenous peoples from the East, Chaco, and Amazonia in 2010. These case studies showcase the intersection of legal, social, and political dynamics in promoting Indigenous rights and fostering peace. By analysing the legal geographies of these agreements, the chapter contributes to a deeper understanding of the complex challenges and opportunities Indigenous communities face in achieving sustainable development and peace in the Andes region.
This chapter presents a case study on New Zealand, examining the paradigm of giving nature legal standing within the country’s judicial and legislative framework. It begins with an introduction that sets the stage for the discussion. This chapter then explores the Māori philosophy of a relationship with nature, emphasizing the profound connection and inherent value Māori place on the environment. It delves into the ways in which New Zealand law has affirmed this philosophy, particularly through the roots of the country’s environmental achievements as anchored in the Treaty of Waitangi. The chapter then presents two case studies – the Te Urewera Land Legislation and the Whanganui River Legislation – showcasing the innovative approaches taken to grant legal personhood to natural entities. It further explores the incorporation of Māori Indigenous traditional knowledge in sustainable development practices, highlighting Māori trade and the introduction of new measures of well-being and environmental protection. The chapter concludes by emphasizing the significance of giving nature legal standing and the implications for both Māori and New Zealand’s approach to sustainable development.
On 24 May 2024, member states of the World Intellectual Property Organization (WIPO) adopted the Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge. Mandating that contracting parties require that patent applicants disclose any genetic resources or associated traditional knowledge that their invention is based on, the treaty has been hailed as historic triumph. In this article, we analyze whether the treaty is so remarkable in relation to Aotearoa New Zealand’s existing law and practice. Finding that it is not, and that the treaty could place limits on the law, we argue that Aotearoa New Zealand should not sign the Treaty but could learn from it. We conclude that, while Aotearoa New Zealand must continue to partake in any ongoing international negotiations, it should continue to find ways to address the domestic situation.
Chapter 2 describes the original concepts and related research of the author Brave Heart and Indigenous colleagues. The new operationalization of historical trauma described in the Introduction is applied to this context, for example when it comes to discrimination, intergenerational transmission, and social pathologies. The chapter provides empirical material on, among others, the immediate consequences that fully or partially substantiate the assumptions, including assumed mediating factors of historical trauma effects such as traditional values or cultural identity. The chapter concludes by reviewing the first available studies on healing, involving an adjunct program to group therapy with traditional Indigenous content, as well as empowerment through entrepreneurship programs tailored to youth. The conclusion of the chapter is that not all the possibilities of a broader conceptualization of historical trauma in this area have been realized.
One of the most incredible aspects of the Mexican Baja Peninsula is the immense wealth of plant and animal diversity it holds. The human communities living alongside this richness have boundless intimate knowledge of its natural history, potentially with novel insights into the ecological and evolutionary processes shaping the diversity of plants and animals. These same human communities have likely also witnessed changes to these natural environments over their lifetimes, particularly as the effects of global change are being felt by similar rural communities around the world. However, because the area is so remote, they often have little access to scientific data or current information about the causes or effects of the changes they observe. Using a thematic analysis of recorded conversations, this project seeks to connect remote rural ranches in Mexico with scientists, to gather data on the issues that matter most to the community members, and work to find collaborative solutions. Through thematic analysis of recorded conversations, our research reveals that unpredictable climate variability, including droughts, hurricanes, and shifting seasonal patterns, poses significant challenges to ranching livelihoods. Ranchers’ deep ecological knowledge provides critical insights into the stresses of changing and increasingly unpredictable environmental trends. By integrating local perspectives with scientific approaches, this study highlights the potential for collaborative biodiversity research.
The Convention on Biological Diversity was the first convention to address biodiversity as a global common pool resource. The convention mandates the protection of biodiversity and deals simultaneously with distributive issues, that is, the allocation of benefits from the exploitation of germplasm resources. Although, “raw” germplasm resources have typically been treated as open access resources, “worked” germplasm resources are protected under various intellectual property right systems, such as breeders’ rights and patents. This disparity in the treatment of resources has prompted developing countries to assert jurisdictional control over their “raw” germplasm resources and to charge fees on persons (researchers, corporations) who wish to access such resources. This chapter analyzes the global arrangements for the sharing of benefits from the use of germplasm resources and whether such arrangements will be disrupted by the new techniques of synthetic biology and the advantages offered by the in silico conservation of germplasm resources. We further scrutinize whether the existing arrangements, or potential future configurations of benefit sharing, will have a tangible impact on the livelihoods of people of the developing world – indigenous peoples and farmers.
Parachute science is the problematic and extractive practice of non-local researchers taking data, knowledge and information from communities of which they are not members, failing to engage the local community and local scientists, marginalizing them in most aspects of the research, and using the results to their own benefit. Perpetuated by colonialism and unequal access to resources such as funding, education and data, it is harmful to local scientists and undervalues the contributions of the community as a whole. Ultimately, it erodes trust within the scientific community and, more broadly, builds dependence on foreign researchers and makes science less global and collaborative. Increasing international and cross-cultural collaborations while being careful to avoid parachute science can help minimize these impacts. Here, we offer our perspectives on parachute science and suggestions on how to avoid it, based on our experiences conducting research internationally with diverse scientists and communities, including both academics and non-academics. Instead of a parachute, we suggest opening the scientific “umbrella” to incorporate diverse perspectives and local contributions in generating relevant and impactful scientific insight.
Beginning with some historical issues associated with knowledge and its relationship to the food system, we engage in a discussion of traditional versus scientific knowledge, exploring how each is envisioned and their interpenetration, and arguing that both, as currently generally used, are legitimate and should be part of a dialog of knowledges (dialogo de saberes).
Africa is an important global reservoir for biological, cultural and traditional knowledge about fungi and lichens, which are used as food, medicine and in mythology, among other things. African human populations are undergoing highly significant changes and adaptation processes, which are accompanied by rapid urbanization, meeting with western civilization, high rural migration and the loss of natural ecosystems. Indigenous knowledge is being lost, including that concerning fungi and lichens. Ethnomycology and ethnolichenology provide a diversity of knowledge about beneficial and poisonous fungi and lichens, and give insights into their sociological impact on human behaviour and use. Here we present a working and publishing environment established with the Diversity Workbench software in line with national and international initiatives for FAIR guided provision of research data. The database application called ‘EthnoMycAfrica’ contains published ethnomycological and ethnolichenological information from Africa. The content is created and curated by team partners from Central, East, West, North and Southern Africa. Data entry is performed both online and offline, optionally via a mobile device. Currently, the system with the tools DiversityDescriptions and DiversityNaviKey contains a total of 1350 well-structured and freely and openly accessible data records. EthnoMycAfrica is the first database with a data schema, standard descriptors and data content created mainly by African scholars. The data can be useful for researchers, students, conservationists, policy makers, and others. It will also provide a basis for facilitating hypothesis generation and meta-analysis.
As interest in Australian native products continues to grow worldwide, Aboriginal and Torres Strait Islander peoples (First Peoples) are striving to be industry leaders in the production of their traditional foods that are being developed for commercial markets. To successfully gain market approval both within Australia and globally, food regulatory authorities require at least a documented history of safe use to indicate dietary safety. Moreover, many countries also require compositional analysis and safety data to further support their safe human consumption. However, safety data are lacking for many of these traditional food items and the history that surrounds their safe use has rarely been recorded in written form, but rather passed on through cultural practices and language. This review evaluates the suitability of current frameworks for assessing the dietary safety of traditional foods and highlights the food-safety regulatory hurdles currently felt by First Peoples and their businesses attempting to enter the Australian native foods industry. These issues also extend to the requirements of food regulatory authorities around the world, when assessing the market eligibility of traditional food items. Potential solutions to these problems are discussed, including new proposed processes that can be incorporated into the current food regulatory frameworks. Importantly, these proposed processes would allow the dietary risk assessment of traditional foods to be completed in a manner that better accommodates the stories, traditional knowledge and interests of First Peoples, while also meeting the safety data requirements set out by regulatory bodies both within Australia and around the world.
Indigenous peoples in Canada score far worse on indicators of well-being than the general public due to historical and ongoing processes of colonisation. It is also well recognised that Indigenous peoples are the most impacted and vulnerable populations affected by climate change. Currently proposed climate change ‘solutions’ are derived from the same Western colonial mindset which caused the crisis in the first place, so it is logical that we look for alternative approaches. Indigenous knowledge systems (IKS) have allowed Indigenous peoples to survive centuries of environmental degradation brought about by European colonisation, as well as thrive for millennia. International declarations have specifically recognised the potential of IKS to help alleviate climate and other environmental crises. Indigenous peoples must therefore be enabled to undergo decolonisation processes, so that we may all benefit from the revitalisation of Indigenous ways of relating to the Earth in mutually beneficial ways.
In this article, we reconceptualize, using an extended discrete and dynamic Ostrom's classification, the specific intellectual property (IP) regimes that support geographical indications (GIs) as ‘knowledge commons’, e.g. a set of shared collective knowledge resources constituting a complex ecosystem created and shared by a group of people that has remained subject to social dilemma. Geographical names are usually considered part of the public domain. However, under certain circumstances, geographical names have also been appropriated through trademark registration. Our analysis suggests that IP laws that support GIs first emerged in Europe and spread worldwide as a response to the threat of undue usurpation or private confiscation through trademark registration. We thus emphasize the nature of the tradeoffs faced when shifting GIs from the public domain to shared common property regimes, as defined by the EU legislation pertaining to GIs. In the context of trade globalization, we also compare the pros and cons of regulating GIs ex-ante rather than engaging in ex-post trademark litigation in the courts.
Improving equity in the context of protected areas conservation cannot be achieved in situations where people have different capabilities to participate. Participatory video has the potential to uncover hidden perspectives and worldviews and to build trustworthy, transparent and accountable relationships between marginalized communities and external agencies. We present findings from video-mediated dialogues between Indigenous peoples and decision makers involved in the management of three protected areas in Guyana. Participatory films created by Indigenous researchers in their communities were screened and discussed with protected area managers. We recorded their responses and presented them back to the communities. We show how the video-mediated process provided a rich and contextualized understanding of equity issues. It enabled recognition and respect by protected area managers for Indigenous lived experiences and the contribution of their values and knowledge. For Indigenous peoples, the participatory video process built confidence and critical reflection on their own activities and responsibilities whilst allowing them to challenge decision makers on issues of transparency, communication and accountability. We show that equity is an evolving process and that different protected areas with their differing histories and relationships with Indigenous communities produce distinct outcomes over time. Thus, promoting equity in protected areas and conservation must be a long-term process, enabling participation and producing the conditions for regular, transparent and honest communications. Standardized indicators of protected areas equity could be useful for reporting on international targets, but video-mediated dialogue can facilitate deeper understanding, greater representation and a recognition of rights.
Edited by
Marie Roué, Centre National de la Recherche Scientifique (CNRS), Paris,Douglas Nakashima, United Nations Educational, Scientific and Cultural Organization (UNESCO), France,Igor Krupnik, Smithsonian Institution, Washington DC
The author describes the transition from villlage life in the remote outer island of Moce to urban life in Suva, the capital city of Fiji. By passing on the traditions of Indigenous navigation and canoe-building, his family and community members ensure the perpetuation of traditional knowledge among Fiji's younger generations.
Edited by
Marie Roué, Centre National de la Recherche Scientifique (CNRS), Paris,Douglas Nakashima, United Nations Educational, Scientific and Cultural Organization (UNESCO), France,Igor Krupnik, Smithsonian Institution, Washington DC
As an Indigenous herder and President of the Association of Traditional Herders of the Sahel, the author describes the difficulties experienced by herders due to the series of severe droughts that they have endured in recent decades due to climatic change. Having suffered huge losses of animals, some have drastically changed their way of life, becoming increasingly nomadic, migrating far beyond traditional teritories or taking up agriculture to help feed their herds.