scholarly journals DIREITOS DA NATUREZA: O RIO AMAZONAS COMANDA A VIDA

2019 ◽  
Vol 3 (56) ◽  
pp. 445
Author(s):  
Valmir César POZZETTI ◽  
Leonardo Leite NASCIMENTO
Keyword(s):  
Cultural Heritage ◽  
Biological Diversity ◽  
Global Climate ◽  
Legal Protection ◽  
Indigenous Communities ◽  
Convention On Biological Diversity ◽  
Amazon River ◽  
Intangible Cultural Heritage ◽  
Rights Of Nature ◽  
Biodiversity Convention

RESUMOO rio Amazonas constitui um objeto natural, cujas águas comandam a vida dos ecossistemas e das comunidades na Pan-Amazônia. As águas amazônicas nutrem a vida de uma diversidade de ecossistemas, que apresentam vastas espécies animais e vegetais, que dependem da integridade do rio Amazonas para existirem. Não é diferente a relação dos povos tradicionais e das comunidades indígenas com as águas amazônicas compartilhadas, pois ancestralmente dependem do rio e, culturalmente, têm uma relação de existência, vivem em e de suas águas, respeitando e integrando harmonicamente a Amazônia, há muitos anos e gerações. O objetivo da pesquisa foi o de analisar o reconhecimento dos Direitos da Natureza, frente ao colapso climático global e a inefetividade das normas internacionais que tutelam o meio ambiente. Foi utilizado o método de pesquisa dedutivo e técnicas de pesquisa bibliográfica. Conclui-se que é possível a tutela jurídica do rio Amazonas, como um bem ambiental, sujeito de direitos bioculturais, em face da existência de leis, constituições e decisões de Tribunais Constitucionais globais análogas, com base na Convenção da Biodiversidade e no seu reconhecimento como patrimônio cultural imaterial. Para tanto, o Tratado de Cooperação Amazônica deve ser interpretado de acordo com os princípios jurídicos bióticos da Convenção sobre Diversidade Biológica. E o rio Amazonas, em face das tradições, das práticas sociais e rituais das comunidades que vivem em suas margens, deve ser reconhecido como patrimônio cultural imaterial, por sua grandiosidade natural e pela diversidade cultural que nele existe e dele faz parte: o rio, somos nós, nós somos o rio.PALAVRAS-CHAVE: Rio Amazonas; Direitos da Natureza; Biodiversidade; Patrimônio cultural imaterial.ABSTRACTThe Amazon River is a natural object whose waters command the life of ecosystems and communities in the Pan-Amazon. The Amazonian waters maintain the life of a diversity of ecosystems, which present vast animal and vegetal species, that depend on the integrity of the Amazon river to exist. It is not different the relationship of traditional peoples and indigenous communities with the shared Amazonian waters, since they ancestrally depend on the river and, culturally, have a relation of existence, live in and of their waters, respecting and harmoniously integrating the Amazon, many years ago and generations. The objective of the research was to analyze the recognition of the Rights of Nature in the face of global climate collapse and the ineffectiveness of the international norms that protect the environment. The method of deductive research and bibliographic research techniques was used. It is concluded that the legal protection of the Amazon River is possible, as an environment good, subject of biocultural rights, due to the existence of laws, constitutions and decisions of similar global Constitutional Courts, based on the Biodiversity Convention and it’s recognition as intangible cultural heritage. To this end, the Amazon Cooperation Treaty must be interpreted in accordance with the biotic legal principles of the Convention on Biological Diversity. And the Amazon River, in view of the traditions, social practices and rituals of the communities that live along its banks, must be recognized as intangible cultural heritage, for its natural grandeur and for the cultural diversity that exists in it and it is part of it: the river, it’s us, we’re the river.KEYWORDS: Amazon River; Rights of Nature; Biodiversity; Intangible cultural heritage.

Asian Borderlands and the Legal Protection of Traditional Knowledge and Traditional Cultural Expressions

2013 ◽  
Vol 47 (4) ◽  
pp. 1403-1433 ◽  
Author(s):  
CHRISTOPH ANTONS
Keyword(s):  
Intellectual Property ◽  
United Nations ◽  
Traditional Knowledge ◽  
Biological Diversity ◽  
Legal Protection ◽  
Indigenous Communities ◽  
Cultural Property ◽  
World Intellectual Property Organization ◽  
Convention On Biological Diversity ◽  
Nuanced Understanding

AbstractTraditional knowledge related to biodiversity, agriculture, medicine and artistic expressions has recently attracted much interest amongst policy makers, legal academics and social scientists. Several United Nations organizations, such as the World Intellectual Property Organization (WIPO) and the Convention on Biological Diversity under the United Nations Environmental Programme (UNEP), have been working on international models for the protection of such knowledge held by local and indigenous communities. Relevant national, regional or provincial level legislation comes in the form of intellectual property laws and laws related to health, heritage or environmental protection. In practice, however, it has proven difficult to agree on definitions of the subject matter, to delineate local communities and territories holding the knowledge, and to clearly identify the subjects and beneficiaries of the protection. In fact, claims to ‘cultural property’ and heritage have led to conflicts and tensions between communities, regions and nations. This paper will use Southeast Asian examples and case studies to show the importance of concepts such as Zomia, ‘regions of refuge’ and mandala as well as ‘borderlands’ studies to avoid essentialized notions of communities and cultures in order to develop a nuanced understanding of the difficulties for national and international lawmaking in this field. It will also develop a few suggestions on how conflicts and tensions could be avoided or ameliorated.

Protecting Traditional Knowledge Holders' Interests and Preventing Misappropriation—Traditional Knowledge Commons and Biocultural Protocols: Necessary but Not Sufficient?

2012 ◽  
Vol 19 (3) ◽  
pp. 401-422 ◽  
Author(s):  
Krishna Ravi Srinivas
Keyword(s):  
Informed Consent ◽  
Traditional Knowledge ◽  
Biological Diversity ◽  
Indigenous Communities ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Access And Benefit Sharing ◽  
Nagoya Protocol ◽  
Prior Informed Consent ◽  
Knowledge Commons

AbstractThe experience of the indigenous communities regarding access and benefit sharing under the national regimes based on provisions of Convention on Biological Diversity and Bonn Guidelines has not been satisfactory. The communities expect that noncommercial values should be respected and misappropriation should be prevented. Some academics and civil society groups have suggested that traditional knowledge commons and biocultural protocols will be useful in ensuring that while noncommercial values are respected, access and benefit sharing takes place on conditions that are acceptable to the communities. This proposal is examined in this context in the larger context of access and benefit sharing under the Convention on Biological Diversity and implementing prior informed consent principles in access and benefit sharing. This article examines knowledge commons, provides examples from constructed commons in different sectors and situates traditional knowledge commons in the context of debates on commons and public domain. The major shortcomings of traditional commons and bicultural protocol are pointed out, and it is suggested that these are significant initiatives that can be combined with the Nagoya Protocol to fulfill the expectations of indigenous communities.

Indigenous Knowledge & Intellectual Property: Negotiating the Spaces

2008 ◽  
Vol 37 (S1) ◽  
pp. 14-24
Author(s):  
Terri Janke
Keyword(s):  
Intellectual Property ◽  
Cultural Heritage ◽  
Indigenous Knowledge ◽  
Indigenous People ◽  
Indigenous Communities ◽  
Oral Traditions ◽  
Intangible Cultural Heritage ◽  
Communal Identity ◽  
Sound Recordings ◽  
Policy Initiatives

Abstract Indigenous knowledge is an integral part of Indigenous cultural heritage. Knowledge about land, seas, places and associated songs, stories, social practices, and oral traditions are important assets for Indigenous communities. Transmitted from generation to generation, Indigenous knowledge is constantly reinterpreted by Indigenous people. Through the existence and transmission of this intangible cultural heritage, Indigenous people are able to associate with a communal identity. The recording and fixing of Indigenous knowledge creates intellectual property (IP), rights of ownership to the material which the written or recorded in documents, sound recordings or films. Intellectual property rights allow the rights owners to control reproductions of the fixed form. IP laws are individual based and economic in nature. A concern for Indigenous people is that the ownership of the intellectual property which is generated from such processes, if often, not owned by them. The IP laws impact on the rights of traditional and Indigenous communities to their cultural heritage. This paper will explore the international developments, case studies, published protocols and policy initiatives concerning the recording, dissemination, digitisation, and commercial use of Indigenous knowledge.

scholarly journals Las tejedoras mayas de Guatemala: un proceso activo para la salvaguardia de su patrimonio cultural inmaterial

2020 ◽  
Vol 2 ◽  
pp. 93-109
Author(s):  
Marta Salvador i Almela ◽  
Núria Abellan Calvet
Keyword(s):  
Cultural Heritage ◽  
Critical Analysis ◽  
Indigenous Communities ◽  
Cultural Value ◽  
Intangible Cultural Heritage ◽  
Analysis Framework ◽  
Tourism Management ◽  
Role Of Women

Currently, many are the phenomena that occur around intangible cultural heritage (ICH), related to its politics and legacy. With a critical analysis perspective, this article aims to describe the processes of patrimonialisation, commodification, and touristification of ICH, especially of the Guatemalan Mayan fabrics. The ongoing movement of Guatemalan weavers to protect and vindicate the cultural value of this art brings to light the role of different actors that intervene in intangible cultural heritage and, of greater relevance, indigenous communities. The following analysis framework on the diverse conceptualisations of heritage, authenticity, commodification and touristification allows for a deeper understanding of the Mayan weavers’ situation. The methodology used in this article consists on a case study, through which the following main conclusions arise: the lack of protection of ICH of this case study given the complex definitions and categorisations; the need to identify the consequences of commodification and touristification of ancestral tapestries, highlighting the importance of tourism management from the communities; and, finally, the key role of women as transmitters and protectors of ICH, who have headed a process of movement and empowerment.

scholarly journals PROTECTION OF THE AFRICAN LION: A CRITICAL ANALYSIS OF THE CURRENT INTERNATIONAL LEGAL REGIME

2016 ◽  
Vol 19 ◽  
pp. 1 ◽  
Author(s):  
Samantha Watts
Keyword(s):  
Biological Diversity ◽  
Population Decline ◽  
Legal Protection ◽  
Legal Framework ◽  
Convention On Biological Diversity ◽  
Legal Regime ◽  
Protection Measures ◽  
African Lion ◽  
State Boundaries ◽  
African Lions

This article looks at the current international regime that pertains to the African lion, a species that needs adequate protection across its range (a range that does not adhere to state boundaries). This analysis comes at a time when threats such as habitat and prey loss, retaliatory killing, trophy hunting and trade, are all impacting the remaining populations of African lions. The species is in danger of rapid population decline and possible extinction in the near future. Two decades ago there was an abundance of African lions, roughly 100 000, on the continent. But at present there are less than 32 000, while some believe there to be as little as 15 000 left. This decline is mainly due to the threats noted above. African lions are currently listed as "vulnerable" on the International Union for Conservation of Nature Red List of Threatened Species. This listing is being contested by commentators who believe that the species now requires an "endangered" status. African lion populations, and the threats to the species, extend across state boundaries. Therefore, international law is of particular importance in providing conservation and protection measures to the species. Creating conservation obligations at a global level allows for more uniform action, implementation and enforcement of legislation at regional and local levels. Therefore this article looks at each threat to African lion populations in detail and then assesses the international legal regime pertaining to each of these threats, and whether that regime is adequate. The Convention on Biological Diversity, Convention on the Conservation of Migratory Species, Convention on International Trade in Endangered Species of Wild Fauna and Flora and the Convention on Wetlands of International Importance are but some of the international instruments that are analysed. This article outlines the arguments that the international legal framework is not acceptable for the protection of the species, and addresses both the positive and negative aspects of this regime. It is found that the international legal regime for the African lion is in fact not effective in achieving the protection and survival of the species. Some changes are recommended, and the best way forward through an international legal lens is outlined. The security and viability of the African lion is uncertain, and legal protection of the species needs to be clear to start ensuring their survival in the future. With the increase in threats to the species and African lions already regionally endangered in some parts of Africa, it is obvious that some legal changes need to be made to ensure greater protection of the African lion at an international level.

scholarly journals The law of the land: intangible ad tangible rights in Aboriginal Australia

2012 ◽  
Vol 3 (1) ◽  
pp. 227
Author(s):  
Ana Elisa Monteiro Penteado
Keyword(s):  
Indigenous Peoples ◽  
Biological Diversity ◽  
Social Values ◽  
Legal Protection ◽  
Land Rights ◽  
Convention On Biological Diversity ◽  
Aboriginal Australia ◽  
The Law

This article deals with the Convention on Biological Diversity, article 8 (j) in connection tothe national and local legislation to be enacted prior to article 8 (j) enforcement. It showsthat for legal protection of Indigenous Peoples’s intangible rights, land rights are to be resolvedby government and organisms devoted to land right claimed by Aboriginal Peoples.The experience of Australia through its recent colonization, decolonization and reviewof social values presented by Rudd Administration secured Indigenous Peoples rights. In conclusion, this article proposes a multi-action from historical, political, legal and jurisprudentialsources for article 8 (j) to be operative. 

scholarly journals Conceptual Model for Mutual (Host-Guest) Authentication of Intangible Cultural Heritage

2019 ◽  
pp. 160
Author(s):  
Shahida Khanom ◽  
Noel Scott ◽  
Millicent Kennelly ◽  
Brent Moyle
Keyword(s):  
Cultural Heritage ◽  
Conceptual Model ◽  
Mutual Authentication ◽  
Indigenous Communities ◽  
Community Empowerment ◽  
Host Community ◽  
Future Research ◽  
Intangible Cultural Heritage ◽  
Social Psychological ◽  
Proposed Model

The intangible cultural heritage (ICH) of indigenous communities is an attraction to many tourists. Authentic ICH experiences rely on the perceptions and actions of both the host community and guests, a topic which has received with limited scholarly attention, particularly in recent research. This paper presents a conceptual model examining how the mutual (host-guest) authentication of ICH (integrating the perceptions of both hosts and guests) can potentially lead to community empowerment. A literature review has identified that the host community?s attitude and motivation towards ICH, their psychological and economic benefit from ICH, and their participation or involvement in the ICH, together influence the authentication of ICH by these communities. Similarly, a guest?s attitude to and motivation for ICH as well as the way the traditional objects, events or environment are experienced, influence the authentication of ICH. The proposed mutual ICH authentication model combines the interaction of such host and guest factors in authentication of ICH, i.e. both the host community and guest should perceive the same elements as authentic ICH through a synthesis of their own unique perspectives. The perceived authenticity of ICH by the host and guest is reflected in their loyalty, satisfaction, and support for tourism. Further, the model suggests that tourism based on authentic ICH has the potential to empower local communities in their economic, social, psychological and political domains. The proposed model may be useful for future research defining power relations in the authentication of ICH and improving community-based ecotourism through community empowerment. Keywords: intangible cultural heritage, authenticity, mutual authentication, cultural tourism, community empowerment

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