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A Principle-Based approach is the best way to protect the Indigenous TK rights!

« Back4.8.2021 13:38

Profs. Kamrul Hossain from the Northern Institute for Environmental and Minority Law / Arctic Centre and Rosa Ballardini from the Faculty of Law at the University of Lapland investigated how A holistic principle-based approach can better project Indigenous peoples’ Traditional Knowledge (TK) rights.

The results of their investigation entitled “Protecting Indigenous Traditional Knowledge Through a Holistic Principle-Based Approach” is now published at the Nordic Journal of Human Rights (Vol 39. Issue 1. 2021). This article examines the legal complexity concerning protection of traditional knowledge (TK) held by Indigenous Peoples.

The article concludes that the current legal frameworks fall short of offering a comprehensive protection regime respectful of key ethical principles that are central for Indigenous Peoples. Therefore, the article suggests that a principle-based approach that amalgamates the regime of human rights with the concepts of private property and exclusivity via mainstreaming translation of fundamental values through procedural practices and throughout multiple layers of legal decision-making can better accommodate Indigenous peoples’ TK rights.

The article can be accessed here.