Ensuring a sustainable future through recognizing and protecting indigenous ecological knowledge

Stoianoff, NP

Ensuring a sustainable future through recognizing and protecting indigenous ecological knowledge

Stoianoff, NP

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Publication Type:: Chapter
Citation:: Legal Aspects of Sustainable Development: Horizontal and Sectorial Policy Issues, 2015, pp. 109 - 123
Issue Date:: 2015-01-01

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Field	Value	Language
dc.contributor.author	Stoianoff, NP https://orcid.org/0000-0003-1532-6241	en_US
dc.date.issued	2015-01-01	en_US
dc.identifier.citation	Legal Aspects of Sustainable Development: Horizontal and Sectorial Policy Issues, 2015, pp. 109 - 123	en_US
dc.identifier.isbn	9783319260198	en_US
dc.identifier.uri	http://hdl.handle.net/10453/50076
dc.description.abstract	© Springer International Publishing Switzerland 2016. This paper sets out the way in which Indigenous ecological knowledge has received increasing recognition as a holistic mechanism through which Australia’s natural resources can be sustainably managed. This increased recognition and consequent utilization needs to take place within a legal framework that acknowledges and respects the customary laws and rules of the Indigenous ecological knowledge holders and provides appropriate benefits back to those knowledge holders. This paper considers the nature of such a legal framework and reports on the research conducted by the author and her research team, through the use of action research and Indigenous research paradigm methodologies, in developing such a legal regime that encapsulates the principles established in the Convention on Biological Diversity 1992, expanded in the Nagoya Protocol to the Convention, and reinforced in the United Nations Declaration on the Rights of Indigenous Peoples 2007. The result was a White Paper espousing a sui generis legal framework of recognition and protection of Indigenous knowledge associated with natural resource management focussed on the Aboriginal Communities of the state of New South Wales in Australia and accordingly reflects the concerns and interests of those communities while incorporating the international law principles described above. This was achieved through an initial comparative analysis of regimes already in existence in other nations, the establishment of a highly skilled and multidisciplinary Working Party representing both Indigenous and non-Indigenous individuals and stakeholders, and finally through Aboriginal Community consultation.	en_US
dc.relation.ispartof	Legal Aspects of Sustainable Development: Horizontal and Sectorial Policy Issues	en_US
dc.relation.isbasedon	10.1007/978-3-319-26021-1_8	en_US
dc.title	Ensuring a sustainable future through recognizing and protecting indigenous ecological knowledge	en_US
dc.type	Chapter
utslib.for	1801 Law	en_US
pubs.embargo.period	Not known	en_US
pubs.organisational-group	/University of Technology Sydney
pubs.organisational-group	/University of Technology Sydney/Faculty of Law
utslib.copyright.status	closed_access
pubs.publication-status	Published	en_US

Abstract:

© Springer International Publishing Switzerland 2016. This paper sets out the way in which Indigenous ecological knowledge has received increasing recognition as a holistic mechanism through which Australia’s natural resources can be sustainably managed. This increased recognition and consequent utilization needs to take place within a legal framework that acknowledges and respects the customary laws and rules of the Indigenous ecological knowledge holders and provides appropriate benefits back to those knowledge holders. This paper considers the nature of such a legal framework and reports on the research conducted by the author and her research team, through the use of action research and Indigenous research paradigm methodologies, in developing such a legal regime that encapsulates the principles established in the Convention on Biological Diversity 1992, expanded in the Nagoya Protocol to the Convention, and reinforced in the United Nations Declaration on the Rights of Indigenous Peoples 2007. The result was a White Paper espousing a sui generis legal framework of recognition and protection of Indigenous knowledge associated with natural resource management focussed on the Aboriginal Communities of the state of New South Wales in Australia and accordingly reflects the concerns and interests of those communities while incorporating the international law principles described above. This was achieved through an initial comparative analysis of regimes already in existence in other nations, the establishment of a highly skilled and multidisciplinary Working Party representing both Indigenous and non-Indigenous individuals and stakeholders, and finally through Aboriginal Community consultation.

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http://hdl.handle.net/10453/50076