The Recognition and Enforcement of Indigenous Customary Law in Environmental Regimes and Natural Resource Management

Craig, Donna; Jeffery, Michael I.

doi:10.4337/9781781000946.00036

Cited by 2 publications

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“…A pluralistic legal system (recognizing both customary and statutory law), aiming to reconcile different sources of law on an ad hoc basis (Craig & Gachenga, 2009), could avoid the cementing of customary laws in a standardized and static legislative framework, which is against the local, adaptive and evolving nature of indigenous peoples' management of water (Boelens, Guevara-Gil, & Panfichi, 2009).…”

Section: Legislative Framework and Indigenous Rightsmentioning

confidence: 99%

Water, sanitation and hygiene and indigenous peoples: a review of the literature

Jiménez

Cortobius

Kjellén

2014

Water International

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The levels of sanitation and water services coverage as well as health attainment are low among indigenous peoples. This exclusion from basic service has not been sufficiently studied. The present review has analyzed 185 articles dealing with indigenous peoples and the water, sanitation and hygiene complex. The literature is dramatically skewed towards water resources, and overwhelmingly focused on conflicts, at the expense of basic sanitation and hygiene. More initiatives towards the acknowledgement of indigenous peoples' world-views and institutions in all aspects of the water management cycle are needed. To this end, the development of effective intercultural dialogue mechanisms is crucial.

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Section: Legislative Framework and Indigenous Rightsmentioning

confidence: 99%

Water, sanitation and hygiene and indigenous peoples: a review of the literature

Jiménez

Cortobius

Kjellén

2014

Water International

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“…Traditional laws and institutions can aid traditional ethnic societies in preserving the ecological environment, adapting to climate change, and utilizing natural resources, while also sustaining significant cultural values [7]. The value and function of traditional law and system on ecological resources should be recognized, cited, and utilized by modern national legal system; moreover, the mutual relationship between traditional legal culture and Western legal culture should be further discussed and finally brought into modern national legal system [8]. In China, traditional ecological culture, concepts, and local knowledge play an important role and significance in protecting the ecological environment and biodiversity in ethnic minority areas [9].…”

Section: Introductionmentioning

confidence: 99%

Traditional Ecological Customary Law for Conservation and Sustainability in Biodiversity

Yin¹

2023

Sustainable Development

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The Convention on Biological Diversity and the Nagoya Protocol have raised the issue of access and benefit sharing (ABS) and related traditional knowledge of genetic resources, particularly in the traditional knowledge conservation session. Additionally, the traditional customary law can play a significant impact. The author summarizes the concept, connotation, and nature of traditional ecological customary law, particularly that of genetic resources, and argues that it encompasses not only the common understanding of customary law for the conservation of plants and animals, but also the traditional knowledge necessary for effective classification, management, and promotion of genetic resources. Simultaneously, the author analyzes and discusses the rights recognized by traditional ecological customary law. Indigenous peoples and local communities should prioritize the establishment of their rights to genetic resources and related traditional knowledge, understand the fundamental principles of traditional ecological law and procedure, and enable them to be recognized and strengthened in international and national law, to ensure that common law and recognized rights are implemented in practice. Based on prospective progresses aforesaid, to boost the mainstreaming of traditional ecological customary law within the rule of law governing biodiversity conservation.

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The Recognition and Enforcement of Indigenous Customary Law in Environmental Regimes and Natural Resource Management

Cited by 2 publications

References 0 publications

Water, sanitation and hygiene and indigenous peoples: a review of the literature

Water, sanitation and hygiene and indigenous peoples: a review of the literature

Traditional Ecological Customary Law for Conservation and Sustainability in Biodiversity

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