Implementation of the Nagoya Protocol in Australia: Aboriginal and Torres Strait Islander peoples’ governance of traditional knowledge and the roles and functions of incorporated community organisations

Collings, Neva Danielle

Implementation of the Nagoya Protocol in Australia: Aboriginal and Torres Strait Islander peoples’ governance of traditional knowledge and the roles and functions of incorporated community organisations

Collings, Neva Danielle

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Publication Type:: Thesis
Issue Date:: 2021

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	02whole.pdf	thesis	3.59 MB	Adobe PDF	View/Open

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Field	Value	Language
dc.contributor.author	Collings, Neva Danielle
dc.date.accessioned	2022-09-23T00:12:37Z
dc.date.available	2022-09-23T00:12:37Z
dc.date.issued	2021
dc.identifier.uri	http://hdl.handle.net/10453/162021
dc.description	University of Technology Sydney. Faculty of Law.	en_US.UTF-8
dc.description.abstract	Aboriginal and Torres Strait Islander peoples have developed knowledges in connection with their local environments for millennia, but this knowledge is not adequately protected under existing legal frameworks in Australia. Knowledge of the properties of flora and fauna is used as a pathfinder for developing products and processes using genetic resources and derivates without requiring consent from Aboriginal and Torres Strait Islander communities or benefit-sharing on mutually agreed terms. The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilisation (‘Nagoya Protocol’) is a supplementary and legally binding instrument to the Convention on Biological Diversity that operationalises access to biological and genetic resources and the utilisation of associated traditional knowledge in a fair and equitable way. The Nagoya Protocol obliges Parties to introduce measures aiming to ensure approval is obtained from Indigenous and local communities with prior informed consent or approval for utilisation of their knowledge upon mutually agreed terms. This thesis is a study of the legal governance structures and procedures of incorporated community organisations used by Aboriginal and Torres Strait Islander people to facilitate decision-making for sharing and protecting traditional knowledge with case studies. This thesis argues for a rights-based approach to access and benefit-sharing predicated on effective participation of Aboriginal and Torres Strait Islander people in decision-making for self-determination.	en_US.UTF-8
dc.format	Thesis (PhD)
dc.language.iso	en_US	en_US.UTF-8
dc.relation	https://opus.lib.uts.edu.au/bitstream/10453/162021/2/02whole.pdf
dc.rights	The author owns the copyright in this thesis including all reproduction and reuse rights for the work. The work may not be altered without the permission of the copyright owner. Attribution is essential when quoting or paraphrasing from this thesis.
dc.rights	au.edu.uts.lib/ppc
dc.rights	info:eu-repo/semantics/embargoedAccess
dc.title	Implementation of the Nagoya Protocol in Australia: Aboriginal and Torres Strait Islander peoples’ governance of traditional knowledge and the roles and functions of incorporated community organisations	en_US.UTF-8
dc.type	Thesis
utslib.copyright.status	embargoed	*
utslib.copyright.embargo	2024-06-30T00:00:00+1000
utslib.copyright.embargo	2022-12-30T00:00:00+1000

Abstract:

Aboriginal and Torres Strait Islander peoples have developed knowledges in connection with their local environments for millennia, but this knowledge is not adequately protected under existing legal frameworks in Australia. Knowledge of the properties of flora and fauna is used as a pathfinder for developing products and processes using genetic resources and derivates without requiring consent from Aboriginal and Torres Strait Islander communities or benefit-sharing on mutually agreed terms. The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilisation (‘Nagoya Protocol’) is a supplementary and legally binding instrument to the Convention on Biological Diversity that operationalises access to biological and genetic resources and the utilisation of associated traditional knowledge in a fair and equitable way. The Nagoya Protocol obliges Parties to introduce measures aiming to ensure approval is obtained from Indigenous and local communities with prior informed consent or approval for utilisation of their knowledge upon mutually agreed terms. This thesis is a study of the legal governance structures and procedures of incorporated community organisations used by Aboriginal and Torres Strait Islander people to facilitate decision-making for sharing and protecting traditional knowledge with case studies. This thesis argues for a rights-based approach to access and benefit-sharing predicated on effective participation of Aboriginal and Torres Strait Islander people in decision-making for self-determination.

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http://hdl.handle.net/10453/162021