土著人民作为森林的受托人:从生物-社会-文化角度看待国际法。

IF 2.9 3区 社会学 Q1 ECONOMICS
Liliana Lizarazo-Rodriguez, Alice Lopes Fabris, Doreen Montag
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引用次数: 0

摘要

森林是地球系统内地球母亲的重要组成部分。由于系统的土地利用变化,森林砍伐是一种普遍的做法。国际社会对此表示关切,但没有任何文书明确保护森林,而森林对于避免超出地球边界和保护地球健康至关重要。土著人民与森林有着长期的关系,两者都受到森林砍伐和生物多样性丧失的影响。一些知识产权与森林的内在和存在关系需要得到承认,并建立保护其权利、社会和文化的机制,以解决这些生态系统消失的问题。知识产权在森林治理中的作用主要在国际法之外,从多学科或跨学科领域进行评估。知识产权与森林之间相互作用的多维性可以解释这一现象。本文使用生物-社会-文化方法来评估保护与其生态系统和领土交织在一起的知识产权的生物-社会-文化权利是否是保护森林的一种方式,以及这种观点是否符合国际法。本文介绍了多学科的叙述性文献综述,并确定了保护森林和知识产权的国际法和政策的主要差距。它有三个贡献。首先,报告显示,越来越多的科学证据表明,知识产权无疑是保护其所处生态系统的重要因素。其次,它讨论了关于森林的多元观点的经验证据如何意味着一种跨国方法,使各国人民参与其自然资源的管理。也就是说,在解决地球系统的治理差距时,应考虑知识产权对森林的看法。第三,它评估了各国需要如何认识到其人民的多元性,以及优先保护关键生态系统和知识产权的必要性。就在《生物多样性公约》缔约方大会(CBD-COP16)承认世界人口的多民族性质,并承认非洲人后裔和知识产权是保护工作的关键管理者的同一周,这篇文章被接受发表。如果没有这种对多元视野的认识,地球母亲将会崩溃。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Indigenous peoples as trustees of forests: a bio-socio-cultural approach to international law.

Forests are an essential part of Mother Earth within the Earth system. Deforestation is a widespread practice due to systematic land-use change. The international community is concerned, but no instrument explicitly protects forests, which are essential to avoid overshooting planetary boundaries and protect planetary health. Indigenous peoples (IP) and forests have a long-standing relationship, and both are affected by deforestation and biodiversity loss. The intrinsic and existential relation of some IP with forests needs recognition and the establishment of mechanisms to protect their rights, society, and culture, to address the disappearance of these ecosystems. The role of IP in forest governance has been mainly assessed outside international law, from multidisciplinary or interdisciplinary fields. The multidimensional nature of the interaction between IP and forests could explain this phenomenon. This article uses a bio-socio-cultural approach to assess whether protecting the bio-socio-cultural rights of IP, which are intertwined with their ecosystems and territories, is a way to protect forests, and whether this view is consistent with international law. The article presents a multidisciplinary narrative literature review and identifies the main gaps in international law and policy on the protection of forests and IP. It makes three contributions. First, it shows the convergence of scientific evidence that IP are undoubtedly essential actors in the conservation of the ecosystems in which they live. Second, it discusses how this empirical evidence on the pluralist view of forests implies a transnational approach to involving peoples in the governance of their natural resources. This is, IP views on forests should be considered when addressing governance gaps of the Earth system. Third, it assesses how states need to recognise the plurality of their peoples and the need to prioritise the protection of key ecosystems and IP. In the same week that the Conference of the Parties to the Convention of Biological Diversity (CBD-COP16) acknowledged the multi-ethnic nature of the world's populations and recognised people of African descent and IP as key stewards in conservation efforts, this article was accepted for publication. Without this recognition of plural visions, Mother Earth will collapse.

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来源期刊
CiteScore
6.00
自引率
26.50%
发文量
31
期刊介绍: International Environmental Agreements: Politics, Law and Economics is a peer-reviewed, multi-disciplinary journal that focuses on the theoretical, methodological and practical dimensions of achieving cooperative solutions to international environmental problems. The journal, which is published four times each year, emphasizes both formal legal agreements (such as multilateral treaties) and less formal cooperative mechanisms (such as ministerial declarations and producer-consumer agreements). The journal''s scope encompasses the full range of environmental and natural resource issues, including (but not limited to) biosafety, biodiversity loss, climate change, desertification, forest conservation, ozone depletion, transboundary pollutant flows, and the management of marine and fresh-water resources. The editors welcome contributions that consider stakeholder initiatives and the role of civil society in the definition and resolution of environmental conflicts. The journal provides a forum on the role of political, economic, and legal considerations in the negotiation and implementation of effective governance strategies. Special emphasis is attached to the following substantive domains: The normative aspects and political economy of treaty negotiations and multilateral agreements, including equity considerations; Methodologies for evaluating the effectiveness of alternative governance mechanisms; The role of stakeholder initiatives and civil society in the definition and resolution of environmental conflicts; The harmonization of environmental strategies with prevailing social, political, and economic institutions.
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