Author:
Federica Cittadino
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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.

  • International Convention for the Regulation of Whaling (Washington, 2 December 1946, in force 10 November 1948)

  • Convention on the Prevention and Punishment of the Crime of Genocide (Paris, 9 December 1948, in force 12 January 1951)

  • Charter of the Organization of American States, (Bogotá, 30 April 1948, in force 13 December 1951)

  • European Convention for the Protection of Human Rights and Fundamental Freedoms (Strasbourg, 4 November 1950, in force 3 September 1953)

  • Indigenous and Tribal Population Convention C107 (Geneva, 26 June 1957, in force 2 June 1959)

  • International Convention on the Elimination of All Forms of Racial Discrimination (New York, 21 December 1965, in force 4 January 1969)

  • International Covenant on Civil and Political Rights (New York, 16 December 1966, in force 23 March 1976)

  • International Covenant on Economic, Social and Cultural Rights (New York, 16 December 1966, in force 3 January 1976)

  • Optional Protocol to the International Covenant on Civil and Political Rights (New York, 16 December 1966, in force 23 March 1976)

  • Vienna Convention on the Law of Treaties (Vienna, 23 May 1969, in force 27 January 1980)

  • American Convention on Human Rights (San José, 22 November 1969, in force 18 July 1978)

  • Convention on Wetlands of International Importance especially as Waterfowl Habitat (Ramsar, 2 February 1971, in force 21 December 1975)

  • Convention Concerning the Protection of the World Cultural and Natural Heritage (Paris, 16 November 1972, in force 17 December 1975)

  • Convention on International Trade in Endangered Species of Wild Fauna and Flora (Washington, 3 March 1973, in force 1 July 1975)

  • Agreement on the Conservation of Polar Bears (Oslo, 15 November 1973, in force 26 May 1976)

  • Vienna Convention on Succession of States in respect of Treaties (Vienna, 23 August 1978, in force 6 November 1996)

  • Convention on the Conservation of Migratory Species of Wild Animals (Bonn, 23 June 1979, in force 1 November 1983)

  • Convention on the Conservation of European Wildlife and Natural Habitats (Bern, 19 September 1979, in force 1 June 1982)

  • Convention on the Elimination of All Forms of Discrimination against Women (New York, 18 December 1979, in force 3 September 1981)

  • African Charter on Human and Peoples’ Rights (Banjul, 27 June 1981, in force 21 October 1986)

  • Vienna Convention on Succession of States in respect of State Property, Archives and Debts (Vienna, 8 April 1983, not yet into force)

  • Additional Protocol to the American Convention on Human Rights in the area of Economic, Social, and Cultural Rights (San Salvador, 17 November 1988, in force 16 November 1999)

  • International Labour Organisation Convention 169 Concerning Indigenous and Tribal Peoples in Independent Countries (Geneva, 27 June 1989, in force 5 September 1991)

  • Convention on the Rights of the Child (New York, 20 November 1989, in force 2 September 1990)

  • United Nations Framework Convention on Climate Change (New York, 9 May 1992, in force 21 March 1994)

  • Convention on Biological Diversity (Rio de Janeiro, 5 June 1992, in force 29 December 1993)

  • United Nations Convention to Combat Desertification in Countries Experiencing Serious Drought and/or Desertification, Particularly in Africa (Paris, 17 June 1994, in force 26 December 1996)

  • Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights (Ouagadougou, 9 June 1998, in force 25 January 2004)

  • Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (Aarhus, 25 June 1998, in force 30 October 2001)

  • International Treaty on Plant Genetic Resources for Food and Agriculture (Rome, 3 November 2001, in force 29 June 2004)

  • African Convention on the Conservation of Nature and Natural Resources (revised version, Maputo, 11 July 2003, in force 23 July 2016)

  • unesco Convention for the Safeguarding of the Intangible Cultural Heritage (Paris, 17 October 2003, in force 20 April 2006)

  • Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (New York, 10 December 2008, in force 5 May 2013)

  • Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from Their Utilisation to the Convention on Biological Diversity (Nagoya, 29 October 2010, in force 12 October 2014)

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