Edited by Christoph Beat Graber and Mira Burri-Nenova
Chapter 5: Using Human Rights to Tackle Fragmentation in the Field of Traditional Cultural Expressions: An Institutional Approach
Christoph Beat Graber* INTRODUCTION: THE CHALLENGE OF DOUBLE FRAGMENTATION 1. Academic scholarship and international policy making related to developing legal safeguards for traditional forms of knowledge and creativity are faced with and challenged by double fragmentation. The first type of fragmentation is caused by collisions between competing regimes trying to develop legal disciplines for effective protection of traditional knowledge and cultural expressions. Manifold multilateral institutions and initiatives are engaged in the protection of indigenous peoples’ cultural and intellectual property (IP), including the World Intellectual Property Organization (WIPO) and in particular its Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC), the United Nations Environment Programme (UNEP), the Convention on Biological Diversity, the Food and Agriculture Organization of the United Nations (FAO), the United Nations Working Group on Indigenous Populations, the United Nations Educational, Scientific and Cultural Organization (UNESCO), the International Labour Organization (ILO), the World Health Organization (WHO), the United Nations Conference on Trade and Development (UNCTAD), the World Trade Organization (WTO), the United Nations Development Programme (UNDP), and the Open-ended Ad Hoc Intergovernmental Panel on Forests.1 The international community has shown * The author thanks Elizabeth Burns Coleman, Mira Burri-Nenova, Marion Panizzon and Gunther Teubner for comments on earlier drafts, and Thomas Steiner for research assistance. The support of the Ecoscientia Foundation is gratefully acknowledged. 1 WIPO, Intellectual Property Needs and Expectations of Traditional 96 Using human rights to tackle fragmentation 97 no coherence in its approaches to traditional cultural expressions (TCE) and lacks sufficient coordination....
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