A Global Primer
Chapter 13: The customary law option
The chapter examines the protection of traditional knowledge through use of customary laws. It is argued that the link found to exist between traditional knowledge and customary law as evidenced by similarities in their definitions, confirms the significance of customary law as the primary regulatory mechanism over uses of traditional knowledge. Following a discussion of the extent to which customary law is recognized under selected legal systems, including Africa, the US, New Zealand, Australia, the Andean Community and the Pacific Island countries, the chapter assesses the effectiveness of customary law as an enforcement mechanism with reference to definitional issues, its status as national law, its principles of liability, and procedures for its ascertainment and application. Despite the noted limitations of customary law, the chapter urges the formal recognition of customary law as part of national legal systems and the improvement of methods for ascertaining and enforcing it.
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.