Law Commons^™

Beyond Indigenous Property Rights: Exploring The Emergence Of A Distinctive Connection Doctrine, Eric Dannemaier

Aboriginal Policy Research Consortium International (APRCi)

Human rights law has begun to offer normative protection for what remains of indigenous lands. Yet territory now better defended from conquest and encroachment is increasingly threatened by their byproducts. Water scarcity, food security, waste deposition, climate change—in short, the multiple impacts of industrial development—pose a new territorial challenge to indigenous communities that will test the reach and capacity of the human rights regime.

This Article examines that challenge and argues that a solution may lie in emerging human rights doctrine recognizing indigenous peoples’ land rights not as heirs to a European conception of property, but as peoples with a …

Blame It On Rio: Biodiscovery, Native Title, And Traditional Knowledge, Matthew Rimmer

Aboriginal Policy Research Consortium International (APRCi)

This article examines the legal responses to protect traditional knowledge of biodiversity in the wake of the Rio Convention on Biological Diversity. It considers the relative merits of the inter- locking regimes of contract law, environmental law, intellectual property law, and native title law. Part 1 considers the natural drug discovery industry in Australia. In particular , it looks at the operations of Amrad, Astra Zeneca R & D, and the Australian Institute of Marine Science. This section examines the key features of the draft regulations proposed under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) - model contracts, …

A Taxonomy Of Environmental Justice, Robert R. Kuehn

Aboriginal Policy Research Consortium International (APRCi)

No abstract provided.