Premium
Empowering indigenous peoples and local communities: A human rights‐based appraisal of the compliance mechanism of the Nagoya Protocol
Author(s) -
Zheng Xiaoou
Publication year - 2021
Publication title -
review of european, comparative and international environmental law
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.37
H-Index - 18
eISSN - 2050-0394
pISSN - 2050-0386
DOI - 10.1111/reel.12343
Subject(s) - human rights , indigenous , mechanism (biology) , protocol (science) , political science , law and economics , international human rights law , compliance (psychology) , economic justice , public administration , law , sociology , psychology , social psychology , medicine , ecology , philosophy , alternative medicine , epistemology , pathology , biology
This article examines the extent to which a systemic and mutually supportive understanding of the compliance mechanism of the Nagoya Protocol and human rights law may empower indigenous peoples and local communities (IPLCs). The international and domestic compliance mechanism and measures of the Nagoya Protocol are first unpacked with a particular focus on the role of IPLCs. Then a broad human rights framework on IPLCs’ right of access to justice is introduced to assess the strengths and limitations of the Nagoya compliance mechanism. The argument is that, based on the substantive connection between IPLCs’ right to fair and equitable benefit‐sharing and human rights pertaining to lands and natural resources, a human rights‐based approach can contribute to addressing the persisting power asymmetries between IPLCs and State authorities, as well as to facilitating the interpretation and implementation of the Nagoya Protocol that could lead to progress towards empowering IPLCs.