{"title":"从“国际生物多样性中心”到“国际生物多样性中心”:生物多样性公约下土著人民权利倡导的胜利?","authors":"Xiaoou Zheng","doi":"10.1093/jel/eqad009","DOIUrl":null,"url":null,"abstract":"\n Indigenous and local communities (ILCs) are special right-holders under the Convention on Biological Diversity (CBD). Since 2010, the CBD parties have been called upon to adopt the terminology ‘Indigenous Peoples and local communities’ (IPLCs) to better reflect the international human rights development, especially with respect to Indigenous Peoples. The CBD parties agreed to this terminological change in 2014. The very recent CBD decisions and voluntary guidelines have reflected this commitment. This analysis suggests that the inclusion of the term ‘Indigenous Peoples’ in the CBD framework may seem like a victory for Indigenous Peoples’ rights advocacy, but it really is not because important human rights implications have been blocked via complicated restrictions on treaty interpretation. Instead, it indicates a growing divergence in the understanding of the rights of IPLCs in international law.","PeriodicalId":46437,"journal":{"name":"Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":2.0000,"publicationDate":"2023-03-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"From ‘ILCs’ to ‘IPLCs’: A Victory for Indigenous Peoples’ Rights Advocacy Under the Convention on Biological Diversity?\",\"authors\":\"Xiaoou Zheng\",\"doi\":\"10.1093/jel/eqad009\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"\\n Indigenous and local communities (ILCs) are special right-holders under the Convention on Biological Diversity (CBD). Since 2010, the CBD parties have been called upon to adopt the terminology ‘Indigenous Peoples and local communities’ (IPLCs) to better reflect the international human rights development, especially with respect to Indigenous Peoples. The CBD parties agreed to this terminological change in 2014. The very recent CBD decisions and voluntary guidelines have reflected this commitment. This analysis suggests that the inclusion of the term ‘Indigenous Peoples’ in the CBD framework may seem like a victory for Indigenous Peoples’ rights advocacy, but it really is not because important human rights implications have been blocked via complicated restrictions on treaty interpretation. Instead, it indicates a growing divergence in the understanding of the rights of IPLCs in international law.\",\"PeriodicalId\":46437,\"journal\":{\"name\":\"Journal of Environmental Law\",\"volume\":\" \",\"pages\":\"\"},\"PeriodicalIF\":2.0000,\"publicationDate\":\"2023-03-21\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Journal of Environmental Law\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://doi.org/10.1093/jel/eqad009\",\"RegionNum\":3,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"ENVIRONMENTAL STUDIES\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Environmental Law","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1093/jel/eqad009","RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"ENVIRONMENTAL STUDIES","Score":null,"Total":0}
From ‘ILCs’ to ‘IPLCs’: A Victory for Indigenous Peoples’ Rights Advocacy Under the Convention on Biological Diversity?
Indigenous and local communities (ILCs) are special right-holders under the Convention on Biological Diversity (CBD). Since 2010, the CBD parties have been called upon to adopt the terminology ‘Indigenous Peoples and local communities’ (IPLCs) to better reflect the international human rights development, especially with respect to Indigenous Peoples. The CBD parties agreed to this terminological change in 2014. The very recent CBD decisions and voluntary guidelines have reflected this commitment. This analysis suggests that the inclusion of the term ‘Indigenous Peoples’ in the CBD framework may seem like a victory for Indigenous Peoples’ rights advocacy, but it really is not because important human rights implications have been blocked via complicated restrictions on treaty interpretation. Instead, it indicates a growing divergence in the understanding of the rights of IPLCs in international law.
期刊介绍:
Condensing essential information into just three issues a year, the Journal of Environmental Law has become an authoritative source of informed analysis for all those who have any dealings in this vital field of legal study. It exists primarily for academics and legal practitioners, but should also prove accessible for all other groups concerned with the environment, from scientists to planners. The journal offers major articles on a wide variety of topics, refereed and written to the highest standards, providing innovative and authoritative appraisals of current and emerging concepts, policies, and practice. It includes: -An analysis section, providing detailed analysis of current case law and legislative and policy developments -An annual review of significant UK, European Court of Justice, and international law cases -A substantial book reviews section