Sixtieth Annual Philip C. Jessup International Law Moot Court Competition

2019 ◽  
Vol 113 ◽  
pp. 439-443
Keyword(s):  
International Law ◽  
Traditional Knowledge ◽  
Indigenous Peoples ◽  
Migratory Species ◽  
Ethnic Population

The 2019 Jessup Problem concerns four issues: (1) the responsibility of states with respect to the conduct of a corporate national; (2) the protection of migratory species; (3) the rights to culture and religion; and (4) the rights of indigenous peoples to benefit from their traditional knowledge. The Applicant (Aurok) and the Respondent (Rakkab) are two neighboring states. Aurok is a small, least-developed, landlocked country. Rakkab is larger and has a multi-ethnic population of roughly 4.5 million.

Sovereignty, Self-Determination, and Natural Resources

2018 ◽  
Author(s):  
Jérémie Gilbert
Keyword(s):  
Natural Resources ◽  
International Law ◽  
Indigenous Peoples ◽  
Potential Role ◽  
Food Sovereignty ◽  
Self Determination ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Ambivalent Relationship ◽  
The Right

The issue of sovereignty over natural resources has been a key element in the development of international law, notably leading to the emergence of the principle of States’ permanent sovereignty over their natural resources. However, concomitant to this focus on States’ sovereignty, international human rights law proclaims the right of peoples to self-determination over their natural resources. This has led to a complex and ambivalent relationship between the principle of States’ sovereignty over natural resources and peoples’ rights to natural resources. This chapter analyses this conflicting relationship and examines the emergence of the right of peoples to freely dispose of their natural resources and evaluates its potential role in contemporary advocacy. It notably explores how indigenous peoples have called for the revival of their right to sovereignty over natural resources, and how the global peasants’ movement has pushed for the recognition of the concept of food sovereignty.

scholarly journals “Indigenous sovereignty” and right to self-determination in international law: a critical appraisal

2021 ◽  
Vol 17 (1) ◽  
pp. 71-82
Author(s):  
Rashwet Shrinkhal
Keyword(s):  
International Law ◽  
Indigenous Peoples ◽  
Critical Appraisal ◽  
Indigenous Population ◽  
Moral Authority ◽  
Self Determination ◽  
The Political ◽  
Indigenous Sovereignty

It is worth recalling that the struggle of indigenous peoples to be recognised as “peoples” in true sense was at the forefront of their journey from an object to subject of international law. One of the most pressing concerns in their struggle was crafting their own sovereign space. The article aims to embrace and comprehend the concept of “indigenous sovereignty.” It argues that indigenous sovereignty may not have fixed contour, but it essentially confronts the idea of “empire of uniformity.” It is a source from which right to self-determination stems out and challenges the political and moral authority of States controlling indigenous population within their territory.

Beyond Unbridled Optimism and Fear: Indigenous Peoples, Intellectual Property, Human Rights and the Globalisation of Traditional Knowledge and Expressions of Folklore: Part II

2014 ◽  
Vol 16 (1) ◽  
pp. 3-37
Author(s):  
Caroline Joan S. Picart ◽  
Caroline Joan S. Picart ◽  
Marlowe Fox
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
Traditional Knowledge ◽  
Indigenous Peoples ◽  
Biological Diversity ◽  
Convention On Biological Diversity ◽  
Nagoya Protocol ◽  
Trade Law ◽  
International Trade Law ◽  
Traditional Cultural Expressions

Abstract In Part I of this two-part article, we explained why western assumptions built into intellectual property law make this area of law a problematic tool, as a way of protecting traditional knowledge (tk) and expressions of folklore (EoF) or traditional cultural expressions (tce) of indigenous peoples. Part II of this article aims to: 1) provide a brief review of the Convention on Biological Diversity (cbd) and the Nagoya Protocol, and examine the evolution of the intellectual property rights of indigenous peoples from the Agreement on Trade Related Aspects of Intellectual Property (trips Agreement) to the cbd to the Nagoya Protocol; and 2) examine possible core principles, inducted (rather than deduced) from actual practices already in place in the areas of patents, copyrights, and trademarks in relation to protecting tk and EoF. These explorations could allow for discussions regarding indigenous peoples, human rights and international trade law to become less adversarial.

Traditional knowledge and satellite tracking as complementary approaches to ecological understanding

2004 ◽  
Vol 31 (3) ◽  
pp. 177-180 ◽  
Author(s):  
HENRY P. HUNTINGTON ◽  
ROBERT S. SUYDAM ◽  
DANIEL H. ROSENBERG
Keyword(s):  
Environmental Management ◽  
Traditional Knowledge ◽  
Scientific Knowledge ◽  
Spatial Scales ◽  
Satellite Tracking ◽  
Migratory Species ◽  
Ecological Understanding ◽  
Considerable Research ◽  
The Subject ◽  
Management And Conservation

The integration or co-application of traditional knowledge and scientific knowledge has been the subject of considerable research and discussion (see Johannes 1981; Johnson 1992; Stevenson 1996; McDonald et al. 1997; Huntington et al. 1999, 2002), with emphasis on various specific topics including environmental management and conservation (see Freeman & Carbyn 1988; Ferguson & Messier 1997; Ford & Martinez 2000; Usher 2000; Albert 2001). In most cases, examples of successful integration compare traditional and scientific observations at similar spatial scales to increase confidence in understanding or to fill gaps that appear from either perspective. We present a different approach to integration, emphasizing complementarity rather than concordance in spatial perspective, using two migratory species as examples.

Beyond Unbridled Optimism and Fear: Indigenous Peoples, Intellectual Property, Human Rights and the Globalisation of Traditional Knowledge and Expressions of Folklore: Part I

2013 ◽  
Vol 15 (3) ◽  
pp. 319-339 ◽  
Author(s):  
Caroline Joan S. Picart ◽  
Caroline Joan S. Picart ◽  
Marlowe Fox
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
Property Rights ◽  
Traditional Knowledge ◽  
Intellectual Property Rights ◽  
Indigenous Peoples ◽  
Property Law ◽  
Cultural Expression ◽  
Intellectual Property Law ◽  
Traditional Cultural Expressions

Abstract This article is the first part of a two-part piece, which considers the intellectual property rights of indigenous peoples. After establishing pragmatic working definitions of who “indigenous peoples” are and what folklore (or “traditional cultural expression”) is, as compared with, but dialectically related to, “traditional knowledge,” this article does the following: 1) explains why western assumptions built into intellectual property law make this area of law a problematic tool for protecting traditional knowledge (TK) and expressions of folklore (EoF) or traditional cultural expressions (TCE) of indigenous peoples; and 2) creates a general sketch of human rights related legal instruments that could be and have been harnessed, with varying degrees of success, in the protection of the intellectual property of indigenous peoples.

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