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Incorporating Indigenous Rights in the International Regime on Biodiversity Protection

Access, Benefit-sharing and Conservation in Indigenous Lands

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Federica Cittadino

Series:

Federica Cittadino

Abstract:

In Incorporating Indigenous Rights in the International Regime on Biodiversity Protection Federica Cittadino convincingly interprets the Convention on Biological Diversity (CBD) and its related instruments in light of indigenous rights and the principle of self-determination. Cittadino’s harmonisation of these formally separated regimes serves at least two main purposes. First, it ensures respect for the human rights framework that protects indigenous rights whilst implementing the biodiversity regime. Second, harmonisation allows for the full operationalisation of the indigenous related provisions of the CBD framework that concern traditional knowledge, genetic resources, and protected areas. Federica Cittadino successfully demonstrates that the CBD may allow for the protection of indigenous rights in ways that are more advanced than under current human rights law.

Series:

Federica Cittadino

Abstract:

In Incorporating Indigenous Rights in the International Regime on Biodiversity Protection Federica Cittadino convincingly interprets the Convention on Biological Diversity (CBD) and its related instruments in light of indigenous rights and the principle of self-determination. Cittadino’s harmonisation of these formally separated regimes serves at least two main purposes. First, it ensures respect for the human rights framework that protects indigenous rights whilst implementing the biodiversity regime. Second, harmonisation allows for the full operationalisation of the indigenous related provisions of the CBD framework that concern traditional knowledge, genetic resources, and protected areas. Federica Cittadino successfully demonstrates that the CBD may allow for the protection of indigenous rights in ways that are more advanced than under current human rights law.

Series:

Federica Cittadino

Abstract:

In Incorporating Indigenous Rights in the International Regime on Biodiversity Protection Federica Cittadino convincingly interprets the Convention on Biological Diversity (CBD) and its related instruments in light of indigenous rights and the principle of self-determination. Cittadino’s harmonisation of these formally separated regimes serves at least two main purposes. First, it ensures respect for the human rights framework that protects indigenous rights whilst implementing the biodiversity regime. Second, harmonisation allows for the full operationalisation of the indigenous related provisions of the CBD framework that concern traditional knowledge, genetic resources, and protected areas. Federica Cittadino successfully demonstrates that the CBD may allow for the protection of indigenous rights in ways that are more advanced than under current human rights law.

Series:

Federica Cittadino

Abstract:

In Incorporating Indigenous Rights in the International Regime on Biodiversity Protection Federica Cittadino convincingly interprets the Convention on Biological Diversity (CBD) and its related instruments in light of indigenous rights and the principle of self-determination. Cittadino’s harmonisation of these formally separated regimes serves at least two main purposes. First, it ensures respect for the human rights framework that protects indigenous rights whilst implementing the biodiversity regime. Second, harmonisation allows for the full operationalisation of the indigenous related provisions of the CBD framework that concern traditional knowledge, genetic resources, and protected areas. Federica Cittadino successfully demonstrates that the CBD may allow for the protection of indigenous rights in ways that are more advanced than under current human rights law.

Series:

Federica Cittadino

Abstract:

In Incorporating Indigenous Rights in the International Regime on Biodiversity Protection Federica Cittadino convincingly interprets the Convention on Biological Diversity (CBD) and its related instruments in light of indigenous rights and the principle of self-determination. Cittadino’s harmonisation of these formally separated regimes serves at least two main purposes. First, it ensures respect for the human rights framework that protects indigenous rights whilst implementing the biodiversity regime. Second, harmonisation allows for the full operationalisation of the indigenous related provisions of the CBD framework that concern traditional knowledge, genetic resources, and protected areas. Federica Cittadino successfully demonstrates that the CBD may allow for the protection of indigenous rights in ways that are more advanced than under current human rights law.

Series:

Federica Cittadino

Abstract:

In Incorporating Indigenous Rights in the International Regime on Biodiversity Protection Federica Cittadino convincingly interprets the Convention on Biological Diversity (CBD) and its related instruments in light of indigenous rights and the principle of self-determination. Cittadino’s harmonisation of these formally separated regimes serves at least two main purposes. First, it ensures respect for the human rights framework that protects indigenous rights whilst implementing the biodiversity regime. Second, harmonisation allows for the full operationalisation of the indigenous related provisions of the CBD framework that concern traditional knowledge, genetic resources, and protected areas. Federica Cittadino successfully demonstrates that the CBD may allow for the protection of indigenous rights in ways that are more advanced than under current human rights law.

Series:

Lyu Ning and Wang Xigen

Abstract

Coordinated regional development is a protracted, complex and arduous process. Its route choice relying on the legalization of its process and the authorization of its development patterns. Therefore, the realization of a regional development right requires a strong guarantee of the legal system. The construction of this legal system first needs clarification of some basic principles in order to provide guidance for making relevant laws. These include four main principles: interest balancing principle, the principle of social justice, the principle of double standards, and the power active principle.

China’s Theoretical Innovation and Practical Contribution to the Right to Development

In Commemoration of the Thirtieth Anniversary of the United Nations Declaration on the Right to Development

Series:

Wang Xigen

Abstract

The power of discourse over the right to development is the basis for value consensus and practical effect of the right to development. Over the three decades since the adoption of the United Nations Declaration on the Right to Development, China has developed an innovative discourse system for the right to development and the practices for this right, and contributed a series of original concepts, new propositions and new ideas to this right, which may be generally summarized as ten major aspects: in terms of orientation, the right to development is taken as a primary fundamental human right; in terms of nature, the right to development is an essential requirement of socialism; in terms of strategy, the right to development is implemented by the strategy that “development is the primary task”, “development is the top priority”; in terms of content, the right to development is integrated into the comprehensive process of construction of economy, politics, culture, society and ecological conservation; in terms of concept, people’s equal rights to participation and development have been proposed by the Chinese government; in terms of principle, people-centered orientation of development is the core principle to guide the practice of the right to development; in terms of steps, the right to development has been put into the context of the “Chinese dream” for the great revitalization of the Chinese nation; in terms of focus, the right to development can be implemented by distributive justice especially a fair social security and wealth distribution system; in terms of methodology, the rule of law is a compulsory measure to promote the right to development; in terms of ideas, we should guide the right to development by an innovative, coordinated, environmentally friendly, open and sharing outlook on development.

Series:

Zhu Liyu

Abstract

As a global jurisprudential movement rooted in the US policy circle and legal academia, there is growing evidence that law and development in the 21st century is beginning to transform from a “movement” to a “field”. The main purpose of this chapter is to elaborate on four sub-fields of today’s law and development. As an applied field, aid-funded law and development policy is a by-product of the Western rule of law promotional industry and aims at exporting rule of law assistance programs to recipient countries. As a scholarly field, the intellectual styles of the law and development movement consist of mixed characteristics of policy action, scholarly autonomy, theoretical construction and scientific inquiry. As an academic field, interdisciplinary-based law and development studies encompass a wide range of subtopics relating to the issues of economic, political and social development from both macro and micro perspectives. As a scientific field, fact-based law and development research involves the legal indicators movement, the rule of law assessment movement and the diffusion of legal knowledge. The key purpose of this chapter is to appeal to law and development scholars in the Global South to join hands and make efforts to explore context-sensitive local legal knowledge, by first concentrating on the new right to development under the policy support of UN post-2015 Development Agenda.