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Kabir Sanjay Bavikatte and Tom Bennett

universally commensurable, commodifiable and alienable resource – a view which has had a determining effect on discourses about private property as well as the nature and role of the associated human beings. 6 The aim of this article, therefore, is to show that communities that are empowered to maintain their traditional modes of land tenure can and do preserve the environment. In order to establish this proposition, the article will examine examples of effect being given to biocultural rights, at both international and national levels. These examples provide evidence of a

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Douglas Fisher

: Hollo-Water_resource_management_and_the_law 3/8 / Division: 01-Chapter1forts /Pg. Position: 18 / Date: JOBNAME: Hollo PAGE: 21 SESS: 3 OUTPUT: Wed Oct 11 11:00:07 2017 Common law and public domain approaches to water governance: Australia 39 – the communal, group or individual rights and interests in relation to land or waters: – possessed under the traditional laws acknowledged and traditional customs observed – where, by those laws or customs, there is a connection with the land or waters and – that are recognised by the common law.80 This is no doubt a

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R. Quentin Grafton, Harry W. Nelson, N. Ross Lambie and Paul R. Wyrwoll

The traditional rights to a resource, area, or practice held by a community or people but which may not formally be recognized. See community rights .

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Abdullah Saeed

The Recommended Readings listed below represent the editor’s judicious selection of the most seminal and transformative journal articles and book chapters within this particular field of study. The Recommended Readings have full references to facilitate further research, and are hyperlinked to the full text article (where the user’s institution holds it) in the user’s library catalogue. A print version of this resource, which includes the full text of the Recommended Readings has also been published. Please use the Find This

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Annalisa Savaresi

adaptation in a holistic and integrated manner and to enhance the engagement of local communities and indigenous peoples in the UNFCCC process’. 2 Work towards the full operationalization of the platform is expected to continue in 2018. 1 INTRODUCTION A host of international law instruments on matters as diverse as human rights, 3 biodiversity, 4 cultural heritage, 5 desertification, 6 and food and agriculture 7 acknowledge the important role of traditional knowledge for cultural identity, human well-being and the understanding and preservation of ecosystems

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Brendan Tobin

traditional knowledge remain largely unprotected. This is because even where international and national legal measures do exist they often suffer from a lack of effective compliance mechanisms, are full of loopholes and fail to give due recognition and respect to Indigenous peoples’ own traditional resource management regimes and customary laws. The Nagoya Protocol 2010, for example, establishes clear obligations requiring states to protect Indigenous peoples’ rights to genetic resources over which they have ‘established rights’11 and ‘traditional knowledge associated with

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Bhim Adhikari

5. How do institutions affect the management of environmental resources? Bhim Adhikari Introduction In recent years, institutions and institutional arrangements have become central in the study of the success or failure of environmental resource management. The enforcement of institutions such as contracts1 and property rights plays a crucial role in managing natural resources, affecting the equity and efficiency of resource management regimes. The centrality of contracts and property rights in understanding the diversity of institutional arrangements began in

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Giulia Sajeva

consent and the right to the application of a precautionary approach) seem to be essential elements in the basket of biocultural rights because they are the tools that IPLCs will need in order to prevent or to halt violations of biocultural rights (always intrinsically related to the prevention of environmental destruction) and are therefore essential for making biocultural rights enforceable, rather than merely paper, rights. 66 6 A STEP BEYOND THE PREDECESSOR: TRADITIONAL RESOURCE RIGHTS Thus far it has been argued that Bavikatte's basket of biocultural rights is

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Cherie Metcalf and Tania Bubela

-management initiatives as avenues for TEK to influence environmental management and resource development. However, before we can discuss the relationship between traditional ecological knowledge systems and the Canadian political and legal system, it is first necessary to have some concept of what the former encompasses and how it may be used. 15 ‘Mining, Oil & Gas: Socio-Economic Agreements’ available at: http://www.iti.gov.nt.ca/mineralsoilgas/socioeconomicagreements.shtml (last accessed November 2011). 16 Mark Nuttall, ‘Energy Development and Aboriginal Rights in Northern Canada

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Robin Connor and Stephen Dovers

profound impacts on how changes are accepted by stakeholders and on the costs of implementation, monitoring and enforcement. Above all a change in the property rights regime changes the logic of access to resources and how that access is distributed and redistributed. In so doing it drives a transformation in the social construction of fairness or equity. Under PRIs ecological integrity and economic efficiency achieve parity with, and may altogether trump, equity as the traditional first priority in distributional logic of resource access. Although economic efficiency is