Volume 22
Nate Palmer
Biocultural Rights in the Biodiversity Regime: Relationality and the Limits of Instrumentalism
The biodiversity regime has attempted to navigate conflicting
conceptualisations of human–nature relations, straddling instrumental,
intrinsic and relational valuations of Nature. Yet, from the inception of the
Convention on Biological Diversity, instrumental value has been given
primacy, shaping not only the goals of the regime but also the tools it uses
for implementation. Against this backdrop, this article traces the doctrinal
emergence of biocultural rights within the Convention on Biological Diversity’s
traditional knowledge architecture, focusing on Article 8(j) and the ‘family’
of related decisions as governance conditions. The article then examines the
regime’s instrumentalist hegemonic valuation of Nature in practice. Access
and Benefit Sharing act as one of the Convention on Biological Diversity’s main
goals, while translating biodiversity governance into transactions organised
around access, consent and benefit flows. Ecosystem services underpin
the science–policy interface of the regime, and turn entire ecosystems
into market mechanisms while rendering biodiversity governable through
measurements and indicators. The result is a pattern in which relational
commitments are repeatedly acknowledged while being filtered through
economic and technocratic logics, risking performative pluralism. Finally,
reading the Kunming–Montreal Global Biodiversity Framework as a critical
moment, the article argues that its implementation considerations must
operate as a cross-cutting constraint on targets, indicators and finance,
and that community protocols and mutually agreed terms can function as
interfaces for legal and value pluralism. The key point is that resolving the
regime’s tensions is less about choosing between diverse value systems,
and more about clarifying how these value systems are meant to interact in
practice.
Muhamad Muhdar et al.
Indonesian Coal Mining Governance: Distribution of Risk and Environmental Injustice on Small Islands
Coal mining activities on small islands, undertaken to increase national
production, have caused significant environmental degradation and infringed
upon civil rights to a healthy environment. These activities distribute the risks
associated with mining waste to both local communities and ecosystems.
Sludge and waste contaminate agricultural areas, thereby compromising
food security, while direct discharge into coastal and marine environments
disrupts fish farming and fishing grounds. Targeting small islands for coal
mining not only contravenes the principle of legal certainty regarding the
prohibition of mining on small islands but also perpetuates environmental
injustice. The licensing system, intended as a regulatory safeguard, fails to
adequately protect vulnerable communities and small islands. Inadequate
licensing procedures, tolerance of regulatory violations, and weak law
enforcement contribute to persistent patterns of injustice.
Pag-yendu M. Yentcharé
Patentability of Traditional Medicinal Knowledge from Below: An Account of the Batwa Indigenous Peoples’ Perspectives
This article contributes to ongoing debates on the legal protection of
traditional knowledge (TK) by examining how Batwa Indigenous Peoples in the Democratic Republic of Congo (DRC) assess patents as potential tools for protecting traditional medicinal knowledge (TMK). Drawing on a qualitative study, this article investigates how Batwa peoples – after a community
discussion on legal options for protecting TMK – expressed a preference for individual or collective patent ownership over other mechanisms
such as benefit-sharing or a sui generis intellectual property system.
The findings reveal sustained interest in patents as potential sources of recognition, dignity, and economic autonomy, thereby complicating dominant assumptions regarding their inadequacy for protecting TMK. By foregrounding the Batwas’ own perspectives in a field often dominated by valuable, if sometimes prescriptive, expert opinion, this sociolegal study argues for a more nuanced and empirically grounded debate on the legitimacy, desirability, and efficiency of l egal mechanisms f or protecting TK.
Book Reviews
Research Handbook on Plastics Regulation: Law, Policy and the Environment
Edited by Elizabeth A. Kirk et al.
Reviewed by Eva Lohse