{"title":"北极土著人民传统知识的多层次法律保护:促进可持续发展的非殖民化知识生产","authors":"Yota Negishi","doi":"10.1016/j.polar.2024.101135","DOIUrl":null,"url":null,"abstract":"<div><div>The article provides a comprehensive exploration of the legal protection of traditional knowledge of Arctic Indigenous Peoples, emphasizing the vital role this knowledge plays in their cultural and spiritual identity. It begins by highlighting the unique and symbiotic relationship between Arctic Indigenous Peoples and their environment, underscoring how climate change threatens this delicate balance and the very essence of their existence. Traditional knowledge, accumulated over generations, is presented as a crucial complement to scientific understanding in combating climate change. The article examines multi-level legal protections of Arctic traditional knowledge. First, at the international level, it discusses instruments like the ILO Convention No. 169 and the UNDRIP, which emphasize cultural dimensions and self-determination, respectively. The integration of traditional knowledge into human rights, environmental, and economic laws is explored. Second, regional legal frameworks are also analyzed, which are corroborated by soft law documents, in the Arctic. Third, the article further delves into national legal protections across Canada, Norway, Finland, and Sweden, detailing how each country incorporates traditional knowledge into legislation and judicial decisions.</div></div>","PeriodicalId":20316,"journal":{"name":"Polar Science","volume":"44 ","pages":"Article 101135"},"PeriodicalIF":1.5000,"publicationDate":"2025-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Multi-level legal protection of traditional knowledge of Arctic indigenous peoples: Decolonizing knowledge production for sustainable development\",\"authors\":\"Yota Negishi\",\"doi\":\"10.1016/j.polar.2024.101135\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<div><div>The article provides a comprehensive exploration of the legal protection of traditional knowledge of Arctic Indigenous Peoples, emphasizing the vital role this knowledge plays in their cultural and spiritual identity. It begins by highlighting the unique and symbiotic relationship between Arctic Indigenous Peoples and their environment, underscoring how climate change threatens this delicate balance and the very essence of their existence. Traditional knowledge, accumulated over generations, is presented as a crucial complement to scientific understanding in combating climate change. The article examines multi-level legal protections of Arctic traditional knowledge. First, at the international level, it discusses instruments like the ILO Convention No. 169 and the UNDRIP, which emphasize cultural dimensions and self-determination, respectively. The integration of traditional knowledge into human rights, environmental, and economic laws is explored. Second, regional legal frameworks are also analyzed, which are corroborated by soft law documents, in the Arctic. Third, the article further delves into national legal protections across Canada, Norway, Finland, and Sweden, detailing how each country incorporates traditional knowledge into legislation and judicial decisions.</div></div>\",\"PeriodicalId\":20316,\"journal\":{\"name\":\"Polar Science\",\"volume\":\"44 \",\"pages\":\"Article 101135\"},\"PeriodicalIF\":1.5000,\"publicationDate\":\"2025-06-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Polar Science\",\"FirstCategoryId\":\"89\",\"ListUrlMain\":\"https://www.sciencedirect.com/science/article/pii/S1873965224001282\",\"RegionNum\":4,\"RegionCategory\":\"地球科学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"ECOLOGY\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Polar Science","FirstCategoryId":"89","ListUrlMain":"https://www.sciencedirect.com/science/article/pii/S1873965224001282","RegionNum":4,"RegionCategory":"地球科学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"ECOLOGY","Score":null,"Total":0}
Multi-level legal protection of traditional knowledge of Arctic indigenous peoples: Decolonizing knowledge production for sustainable development
The article provides a comprehensive exploration of the legal protection of traditional knowledge of Arctic Indigenous Peoples, emphasizing the vital role this knowledge plays in their cultural and spiritual identity. It begins by highlighting the unique and symbiotic relationship between Arctic Indigenous Peoples and their environment, underscoring how climate change threatens this delicate balance and the very essence of their existence. Traditional knowledge, accumulated over generations, is presented as a crucial complement to scientific understanding in combating climate change. The article examines multi-level legal protections of Arctic traditional knowledge. First, at the international level, it discusses instruments like the ILO Convention No. 169 and the UNDRIP, which emphasize cultural dimensions and self-determination, respectively. The integration of traditional knowledge into human rights, environmental, and economic laws is explored. Second, regional legal frameworks are also analyzed, which are corroborated by soft law documents, in the Arctic. Third, the article further delves into national legal protections across Canada, Norway, Finland, and Sweden, detailing how each country incorporates traditional knowledge into legislation and judicial decisions.
期刊介绍:
Polar Science is an international, peer-reviewed quarterly journal. It is dedicated to publishing original research articles for sciences relating to the polar regions of the Earth and other planets. Polar Science aims to cover 15 disciplines which are listed below; they cover most aspects of physical sciences, geosciences and life sciences, together with engineering and social sciences. Articles should attract the interest of broad polar science communities, and not be limited to the interests of those who work under specific research subjects. Polar Science also has an Open Archive whereby published articles are made freely available from ScienceDirect after an embargo period of 24 months from the date of publication.
- Space and upper atmosphere physics
- Atmospheric science/climatology
- Glaciology
- Oceanography/sea ice studies
- Geology/petrology
- Solid earth geophysics/seismology
- Marine Earth science
- Geomorphology/Cenozoic-Quaternary geology
- Meteoritics
- Terrestrial biology
- Marine biology
- Animal ecology
- Environment
- Polar Engineering
- Humanities and social sciences.