Regulation of Natural Resources Located in Indigenous Communities Territory under the Principles of Consultation and Free, Prior-Informed Consent: Perspectives in Selected Countries

2021 ◽  
Vol 29 (4) ◽  
pp. 499-520
Author(s):  
John S. Ombella
Keyword(s):  
Informed Consent ◽  
Natural Resources ◽  
Large Scale ◽  
Indigenous Communities ◽  
Multinational Companies ◽  
Contractual Arrangements ◽  
Prior Informed Consent ◽  
Use Of Resources ◽  
Ecological Resources ◽  
Contractual Agreements

Natural resources have long been said to be under the sovereign ownership of the states in whose borders they are found. Sovereignty grants such a state not only the ownership but also the power to regulate their access and use. States’ inability to convert the resources into tangible socio-economic development has witnessed massive contractual agreements with multinational companies to harness the same. Multinational companies and state contractual arrangements seem to have ignored other potential stakeholders like communities dependent on natural resources for their survival. Consequently, communities such as those of indigenous peoples who depend on available natural resources like rivers, lakes, forests and other ecological resources are victimised in the state-multinational contractual arrangements and implementation. Internationally, principles such as consultation and free and prior-informed consent seem to regulate access and use of resources located in indigenous communities. This article shows how such principles guarantee the indigenous communities their existence in cases of large-scale development in their territory.

Challenges Related to Protection of Indigenous Resources Against Biopiracy

2020 ◽  
pp. 124-139
Author(s):  
Zubair Ahmed Khan
Keyword(s):  
Informed Consent ◽  
Natural Resources ◽  
Conflict Of Interest ◽  
Environmental Sustainability ◽  
Indigenous Communities ◽  
Natural Rights ◽  
Benefit Sharing ◽  
International Treaties ◽  
Prior Informed Consent ◽  
Tribal Societies

The protection of indigenous/aboriginal resources is one of the important aspects of biodiversity justice. Many international treaties and conventions legitimised natural rights and privileges of tribal societies and indigenous communities. But some interventionist practices like a conflict of interest in bioprospecting agreement and biopiracy have become major concerns for prospering third-world countries. Strategic application of prior-informed consent and benefit-sharing procedures will definitely meet socio-environmental sustainability in the country. The responsibility and liability of state biodiversity authority and local biodiversity committee at village level need to be fixed to maintain transparency and accountability. Conservation of ethnobiological resources is also important in the view of increasing patent infringement. That's why issues of patentability must include complete disclosure of specification claims even in the case foreign natural resources.

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.

scholarly journals Elinor Ostrom: proving the effectiveness of collective action in management (the Noble Prize in Economics in 2009 “for research in the field of economic organization”)

2017 ◽  
pp. 127-139
Author(s):  
Oksana Shymanska
Keyword(s):  
Economic Policy ◽  
Collective Action ◽  
Public Goods ◽  
Natural Resources ◽  
Large Scale ◽  
Scarce Resources ◽  
Empirically Supported ◽  
Use Of Resources ◽  
Human Organization ◽  
The Government

The article substantiates Elinor Ostrom’s contribution to the theory of collective management of property. The author outlines solutions to problems of the most optimal use of scarce natural resources and their economically relevant preservation in a long-term perspective. The research paper affirms the idea that it is not only the government who can solve the problem of efficient use of resources for public purposes. It is proved that collective decisions can be made in the management of resources, under which the latter are maintained in good conditions while being used for general public. The most accepted models (‘the tragedy of the commons’, ‘the prisoner’s dilemma’, ‘the logic of collective action’) are examined. The above- mentioned models are frequently used as tools to study cases of economic policy-making in allocating scarce resources for public purposes, and as a concept for analyzing problems of individuals who seek to achieve collective benefits. It is emphasized that there is a need for a balanced application of the above models as metaphors, which substitute solid foundations of the economic policy, since the limitations suggested for easing the analysis are accepted without reservation as permanent empirical requirements that remain as such until adjustments are made by the government. Special emphasis is placed on the importance of developing the theory of human organization based on realistic assessments of human possibilities and limitations that arise when a number of various situations related to using public goods are to be resolved. It is stressed that the empirically supported theories of human organization as an important component of study on economic policy are able to complement the solutions with estimates of the most likely effect of using many ways of organizing human activities. It is concluded that E. Ostrom’s experimental research in the field of natural resources management can be used to solve large-scale range of issues related to the production of public goods.

Cloud-Based IoT Architecture in Green Buildings

2020 ◽  
pp. 164-183 ◽  
Author(s):  
Abhinav Singh ◽  
Utsha Sinha ◽  
Deepak Kumar Sharma
Keyword(s):  
Natural Resources ◽  
Human Health ◽  
Large Scale ◽  
Green Building ◽  
Green Buildings ◽  
Substantial Impact ◽  
Cloud Architecture ◽  
Construction Design ◽  
Use Of Resources ◽  
Future Challenges

The development and expansion of mankind in addition to the advancement of technology have a substantial impact on the environment. The construction, design, and operation of buildings account for a large consumption of natural resources. Due to the exploitation of natural resources on a large scale through these buildings, it has become necessary to have a better-designed building for the efficient use of resources. The concept of “green building” solves the aforementioned issues apart from promoting eco-friendly activities. IoT makes the idea of having buildings that are energy sufficient possible through networked sensors that not only help in managing the assets better but also reducing harmful impacts on human health and the environment. This chapter talks about the concept of the green building and the smart automation achieved through IoT as well as cloud architecture for the green building also referred to as green cloud. While it explains the basic cloud architecture in green building, it also proposes future challenges for the aforementioned subject.

scholarly journals THE NATURAL RESOURCES POTENTIAL AND PECULARITIES OF THEIR EXPLOITATION IN MOUTAINOUS REGIONS (THE CASE OF KVEMO RACHA, GEORGIA)

2021 ◽  
Author(s):  
Elene Salukvadze ◽  
Tamila Chaladze ◽  
Ketevan Gogidze
Keyword(s):  
Natural Resources ◽  
Large Scale ◽  
Mineral Resources ◽  
Topographic Map ◽  
Resource Potential ◽  
River Terraces ◽  
Ecological Resources ◽  
Information System Technology ◽  
Map Scale ◽  
The Right

To reveal natural resources of a region it is causally necessary to reveal and describe certain landscapes as far as they are means of manifesting natural resources. Besides they are subject of study of land management. It is important to identify resource potential and current state of landscapes and each of their components. Landscapes occupy certain areas which are characterized with certain natural conditions and, obviously, different natural potential. To study the above issues, we selected mountainous region of Kvemo Racha (Ambrolauri Municipality of Georgia). For the studies, together with literary material and different sources, we used cartographic material, the landscape maps (1970, 1983) and the topographic map (scale; 1:50000) of Georgia and Transcaucasia and the observation materials of the field expedition made in 2019 in Kvemo Racha. We constructed a large-scale landscape map for Kvemo Racha (Ambrolauri Municipality) by GIS (geographic information system) technology. The work describes individual natural components of landscapes and resource potential of the distinguished landscapes. The data on mineral resources, climate and agro-climate, soil and forest resources are given in the table and diagrams. Among the landscapes distinguished as a result of comprehensive studies, the landscapes in the Racha Depression on the right and left banks of the river Rioni have especially great potential. These landscapes are located on either sides of the Rioni river gorge, though the landscape on the right bank of the river is especially distinguished. This is Racha Depression with a synclinal river gorge, river terraces, juts at some places, humus-carbonate soils. It is a specific micro-zone on the southern slope of the Lechkhumi Ridge (450-750 m above sea level), with unique vine species (Aleksandrouli, Mujuretuli, Shavi (black) Kapistoni), which are used to produce naturally sweet and semisweet “Khvanchkara” type red wines known world-wide. The wealth of Racha – forest landscapes are also noteworthy as some of them have industrial, others have recreational and ecological resources and are of high significance for preserving the biodiversity in the region.

Access to Genetic Resources and the Fair and Equitable Sharing of the Benefits Resulting from their Use – The Challenges of a New Concept

elni Review ◽  
2008 ◽  
pp. 12-18 ◽  
Author(s):  
Susette Biber-Klemm
Keyword(s):  
Informed Consent ◽  
Natural Resources ◽  
Genetic Resources ◽  
Traditional Knowledge ◽  
Sustainable Use ◽  
Benefit Sharing ◽  
Access And Benefit Sharing ◽  
Prior Informed Consent ◽  
Equitable Sharing ◽  
Insight Into

The system of access and benefit sharing (ABS) – or more technically worded “Access to Genetic Resources and Fair and Equitable Sharing of Benefits resulting from their utilisation” – is one of the most debated topics in the field of conservation and sustainable use of biodiversity. Explained in a nutshell, the system institutionalises, on the basis of the national sovereignty over natural resources, conditions for access to and utilisation of genetic resources and – indirectly – also to traditional knowledge related to these genetic resources. It prescribes the well-known triad of Prior Informed Consent (PIC), Mutually Agreed Terms (MAT) and the benefit sharing. This article presents some of the current debates in more detail. In order to facilitate insight into the challenges of the system, the background and context of its evolution are described and analysed.

Right of Indigenous Communities to Prior Informed Consent under Article 7 of the Nagoya Protocol and a Comparative Analysis of Its Implementation by India and Bhutan

2021 ◽  
Vol 28 (1) ◽  
pp. 36-63
Author(s):  
Mohit Gupta
Keyword(s):  
Informed Consent ◽  
Biological Diversity ◽  
Sustainable Use ◽  
Indigenous Communities ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Access And Benefit Sharing ◽  
Nagoya Protocol ◽  
The Third ◽  
Prior Informed Consent

The Convention on Biological Diversity (cbd) was adopted in 1992. This Convention had three major objectives: conservation of biological diversity, sustainable use of its component, and access and benefit sharing of biological resources arising out of their utilisation. The Nagoya Protocol to the cbd was adopted in 2010 for the fulfilment of the third objective of the cbd, access and benefit sharing. Article 7 of the Nagoya Protocol imposes an obligation on states parties to ensure that “prior and informed consent or approval or involvement” of the indigenous and local communities is taken before their knowledge is accessed. The present study first analyses the contents of Article 7 of the Nagoya Protocol. It will throw light on the meaning of the phrase “prior and informed consent or approval and involvement” as used in Article 7. It then highlights the implementation of Article 7 by two states parties, namely, India and Bhutan.

scholarly journals RECOGNITION OF INDIGENOUS PEOPLES IN ACCESS AND BENEFIT SHARING (ABS) LEGISLATION AND POLICIES OF THE PARTIES TO THE NAGOYA PROTOCOL

2018 ◽  
Vol 5 (3) ◽  
pp. 86-113
Author(s):  
H. Arjjumend
Keyword(s):  
Informed Consent ◽  
Indigenous Peoples ◽  
Biological Diversity ◽  
Indigenous Communities ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Free Access ◽  
Access And Benefit Sharing ◽  
Nagoya Protocol ◽  
Prior Informed Consent

The Nagoya Protocol on Access and Benefit Sharing (ABS) provides for the rights of indigenous peoples and local communities (ILCs) in accordance with the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). States Parties are obliged to take legislative, administrative and technical measures to recognize, respect and support/ensure the prior informed consent of indigenous communities and their effective involvement in preparing mutually agreed terms before accessing genetic resources and associated traditional knowledge or utilizing them. Within the ambit of contemporary debates encompassing indigenous peoples’ right to self-determination, this paper examines the effectiveness of the percolation of the legal intent of international law into existing or evolving domestic laws, policies or administrative measures of the Parties on access and benefit sharing. Through an opinion survey of indigenous organizations and the competent national authorities of the Parties to the Convention on Biological Diversity (CBD), the findings indicate that the space, recognition and respect created in existing or evolving domestic ABS measures for the rights of indigenous communities are too inadequate to effectively implement the statutory provisions related to prior informed consent, mutually agreed terms and indigenous peoples’ free access to biological resources as envisaged in the Nagoya Protocol. As these bio-cultural rights of indigenous peoples are key to the conservation and sustainable use of biodiversity, the domestic ABS laws need reorientation to be sufficiently effective in translating the spirit of international ABS law and policies.

Sign in / Sign up

Export Citation Format

Share Document