Transforming Law and Institution


Book Description

In the past thirty or so years, discussions of the status and rights of indigenous peoples have come to the forefront of the United Nations human rights agenda. During this period, indigenous peoples have emerged as legitimate subjects of international law with rights to exist as distinct peoples. At the same time, we have witnessed the establishment of a number of UN fora and mechanisms on indigenous issues, including the UN Permanent Forum on Indigenous Issues, all pointing to the importance that the UN has come to place on the promotion and protection of indigenous peoples' rights. Morgan describes, analyses, and evaluates the efforts of the global indigenous movement to engender changes in UN discourse and international law on indigenous peoples' rights and to bring about certain institutional developments reflective of a heightened international concern. By the same token, focusing on the interaction of the global indigenous movement with the UN system, this book examines the reverse influence, that is, the ways in which interacting with the UN system has influenced the claims, tactical repertoires, and organizational structures of the movement.




Victims of Progress


Book Description

Victims of Progress, now in its sixth edition, offers a compelling account of how technology and development affect indigenous peoples throughout the world. Bodley’s expansive look at the struggle between small-scale indigenous societies, and the colonists and corporate developers who have infringed their territories reaches from 1800 into today. He examines major issues of intervention such as social engineering, economic development, self-determination, health and disease, global warming, and ecocide. Small-scale societies, Bodley convincingly demonstrates, have survived by organizing politically to defend their basic human rights. Providing a provocative context in which to think about civilization and its costs—shedding light on how we are all victims of progress—the sixth edition features expanded discussion of “uprising politics,” Tebtebba (a particularly active indigenous organization), and voluntary isolation. A wholly new chapter devotes full coverage to the costs of global warming to indigenous peoples in the Pacific and the Arctic. Finally, new appendixes guide readers to recent protest petitions as well as online resources and videos.




Synergies across a REDD+ landscape


Book Description

International policy makers are currently exploring methodological matters associated with non-carbon benefits and joint mitigation and adaptation approaches as they relate to REDD+. Although few pilot projects are exploring these issues, emerging evidence shows how these approaches can be implemented on the ground. This analysis draws from the scientific literature on non-carbon benefits and joint mitigation and adaptation, evaluates recent submissions to the SBSTA on these issues, and intends to inform the negotiations on these approaches




Indigenous Peoples, Consent and Benefit Sharing


Book Description

Indigenous Peoples, Consent and Benefit Sharing is the first in-depth account of the Hoodia bioprospecting case and use of San traditional knowledge, placing it in the global context of indigenous peoples’ rights, consent and benefit-sharing. It is unique as the first interdisciplinary analysis of consent and benefit sharing in which philosophers apply their minds to questions of justice in the Convention on Biological Diversity (CBD), lawyers interrogate the use of intellectual property rights to protect traditional knowledge, environmental scientists analyse implications for national policies, anthropologists grapple with the commodification of knowledge and, uniquely, case experts from Asia, Australia and North America bring their collective expertise and experiences to bear on the San-Hoodia case.




Indigenous People and Economic Development


Book Description

Indigenous peoples are an intrinsic part of countries like Australia, New Zealand, Canada, Finland, USA, India, Russia and almost all parts of South America and Africa. A considerable amount of research has been done during the twentieth century mainly by anthropologists, sociologists and linguists in order to describe, and document their traditional life style for the protection and safeguarding of their established knowledge, skills, languages and beliefs. These communities are engaging and adapting rapidly to the changing circumstances partly caused by post modernisation and the process of globalization. These have led them to aspire to better living standards, as well as preserving their uniqueness, approaches to environment, close proximity to social structures and communities. For at least the last two decades, patterns of increased economic activity by indigenous peoples in many countries have been viewed to be significantly on the rise. Indigenous People and Economic Development reveals some of the characteristics of this economic activity, 'coloured' by the unique regard and philosophy of life that indigenous people around the world have. The successes, difficulties and obstacles to economic development, their solutions and innovative practices in business - all of these elements, based on research findings, are discussed in this book and offer an inside view of the dynamics of the indigenous societies which are evolving in a globalised and highly interconnected contemporary world.




Understanding the Lumad


Book Description







Indigenous Intellectual Property


Book Description

Taking an interdisciplinary approach unmatched by any other book on this topic, this thoughtful Handbook considers the international struggle to provide for proper and just protection of Indigenous intellectual property (IP). In light of the United Nations Declaration on the Rights of Indigenous Peoples 2007, expert contributors assess the legal and policy controversies over Indigenous knowledge in the fields of international law, copyright law, trademark law, patent law, trade secrets law, and cultural heritage. The overarching discussion examines national developments in Indigenous IP in the United States, Canada, South Africa, the European Union, Australia, New Zealand, and Indonesia. The Handbook provides a comprehensive overview of the historical origins of conflict over Indigenous knowledge, and examines new challenges to Indigenous IP from emerging developments in information technology, biotechnology, and climate change. Practitioners and scholars in the field of IP will learn a great deal from this Handbook about the issues and challenges that surround just protection of a variety of forms of IP for Indigenous communities.




The Politics of Resource Extraction


Book Description

International institutions (United Nations, World Bank) and multinational companies have voiced concern over the adverse impact of resource extraction activities on the livelihood of indigenous communities. This volume examines mega resource extraction projects in Australia, Bolivia, Canada, Chad, Cameroon, India, Nigeria, Peru, the Philippines.




Transactions and Creations


Book Description

In the early 21st century, intellectual and cultural resources emerge on all sides as candidates for ownership claims. Members of an anthropological research team investigating emergent economic relations in a part of the world renowned for its innovative approach to resources and transactions, wish to open up the vocabulary. In this unique volume, they bring an unexpected comparative perspective to global debates on intellectual and cultural property rights (IPR and CPR). The contributors bring from Melanesia their collective experience of people initiating, limiting and rationalizing claims through transactions in ways that challenge many of the assumptions behind the international language. In a bold theoretical move, "property" is put alongside two other terms: "transactions" and "creations." The former have a place in the anthropological tradition that now needs to be brought into the foreground. In turn, increasing interest in protecting intellectual and cultural resources means that questions about creativity have suddenly become pertinent to what is or is not being transacted. Yet is creativity a special preoccupation of modernity? How are we to talk about people's creative practices, when innovation becomes the basis for ownership claims? This book is full of surprises!