Annotated bibliography on

5: 40-46.

Critical review of attempts by institutions to deal with equity issues relating to bioprospecting and ethnobiological research. Such efforts include codes of ethics, declarations and research guidelines.

Gupta, A. K. (1996). The Honey Bee Network: Voices from Grassroots Innovators. Cultural Survival Quarterly. 20: 57-60.

Despite much discussion of the wisdom of participation of the poor, they have seldom been given the opportunity to articulate their own agenda and visions and to determine the terms on which outsiders could participate. Even where people have solved problems through their own ingenuity, there is seldom an institutional window available to recognise, respect and reward their creativity and innovation. The author describes the Honey Bee Network and the Society for Research and Initiatives for Sustainable Technologies and Institutions (SRISTI), which together work to resolve these problems.

Gupta, A. K. (1996). Getting Creative Individuals and Communities Their Due: Framework for Operationalizing Article 8j and 10c. Ahmedabad, SRISTI.

An in-depth discussion on traditional biodiversity-related knowledge which provides a range of proposals for the protection and recognition of traditional knowledge, as well as the commercial exploitation of such knowledge by the local community holders themselves.

Gupta, A. K. (1996). Rewarding Creativity for Conserving Biodiversity in the Third World. 10-14 September. F. o. E. a. E. A. o. I. P. Rights. Interlaken, AIPPI.

Evaluates the arguments of those who condemn the TRIPS Agreement for the inability of IPRs to protect traditional knowledge or on the grounds of morality and international equity. The author dispels many of these arguments, while proposing an alternative based on the development of local innovations databases linked to a low-cost and more accessible patent system.

Gupta, A. K. (1996). Neem-Mania: What Else? Down to Earth: 52-53.

Argues that companies have the right to patent neem-based products. Moreover, commercialisation of neem is a good thing for poor people in India because it will lead to a rise in demand for natural products that such people can be paid to supply. Also, the possibility of over-exploitation is minimal.

Gupta, A. K. (1997). Technologies, Institutions and Incentives for Conservation of Biodiversity in Non-OECD Countries: Assessing Needs for Technical Cooperation. Investing in Biological Diversity: The Cairns Conference. OECD. Paris, OECD: 305-332.

Building technical competence and providing institutional incentives for biodiversity conservation have to go hand in hand. Communities and individuals can conserve diversity without being aware of its value or its potential contribution to their life support system. However, local institutions supporting such practices have become weak just as improvements in technical competence can sometimes have negative effects on biodiversity. The nature and extent of extraction is not just a function of technological competence but also bio-ethics. The ideal arrangement, then, is for technical competence to align incentives, institutions, and innovations with basic bio-ethical values. Practical measures are suggested to achieve this.

Haas, P. M. (1993). Epistemic Communities and the Dynamics of International Environmental Co-Operation. Regime Theory and International Relations. Kittberger: 168-201.

Attempts to explain the plethora of environmental treaties successfully negotiated since the 1972 UN Conference on the Human Environment. The author elaborates four different ‘regime patterns’ (i.e. styles of collective management and lesson-drawing associated with regime creation, persistence and change), and evaluates their hypothesis in light of one case study, efforts of the Mediterranean countries to protect the sea from pollution.

Haddock, J. (1996). “Searching for a Cure: Protecting the Intellectual Property Rights of Indigenous Peoples.” Towson State Journal of International Affairs 31(2).

Considers the applicability of IPRs to the knowledge of indigeous peoples, and finds that new forms of IPR protection are urgently needed, but more importantly, indigenous peoples need to be made aware of the rights they have and the options available to them.

Halewood, M. (1999). “Indigenous and Local Knowledge in International Law: A Preface to sui generis Intellectual Property Protection.” McGill Law Journal 44: 953-996.

The author analyses the development in international law of means by which local communities and developing countries could increase their own control over others’ use of their resource-related innovations. Exactly how these norms should be implemented in domestic law, however, is far from clear. The author argues that one plausible means of implementation would be through policies to increase the participation of indigenous communities in resource management decision-making. Another possible means would be through the creation of national sui generis IPR laws to protect indigenous and local knowledge. At least in theory, vesting IPRs in indigenous and local communities over their innovations would assist them to stop undesired use of their knowledge and/or compel compensation when it is used.

Halpin, E. A. (1990). Indigenous Peoples and the Tropical Forestry Action Plan. Washington DC, World Resources Institute.

Analyses three national TFAPs, finding that none of them sufficiently provide for the rights of indigenous peoples. The report concludes with recommendations.

Hamilton, N. D. (1994). “Why Own the Farm if You Can Own the Farmer (and the Crop)?: Contract Production and Intellectual Property Protection of Grain Crops.” Nebraska Law Review 73: 48-103.

US grain production is experiencing two key developments: (1) the trend towards use of contract production for grain; and (2) the connection between this and the protection of IPRs for seeds and plants. This article surveys the emerging legal issues associated with these two developments.

Handl, G. (1992). Human rights and Protection of the Environment: A Mildly ‘Revisionist’ View. Human Rights, Sustainable Development and the Environment. A. A. C. Trindade. San Jose, Costa Rica and Brasilia, Brazil, Instituto Interamericano de Derechos Humanos and Banco Interamericano de Desarrollo.

The idea that a generic environmental human right - as against narrowly defined, sectoral individual rights - could be used to accelerate the international environmental legal agenda is unrealistic. There are other means to solve pressing environmental problems. Author argues for a more modest, focused campaign aimed at gaining general international recognition of specific or well defined environmental rights. For example, international lawyers should direct their efforts to the rights of indigenous people.

Hanks, J. e. (1984). Traditional Life-styles, Conservation and Rural Development. Proceedings of a Symposium Organised by the Institute of Ecology, of Padjadjaran University, Bandung, and the IUCN Commission on Ecology. Held in Bandung, Indonesia, on the 4th and 5th of October 1982. Gland, IUCN.

The various case studies presented indicate that traditional lifestyles have an extremely important role to play in both conservation and rural development activities, and they should never be overlooked or ignored.

Hanlon, J. (1979). “When the Scientist Meets the Medicine Men.” Nature 279: 284-85.

Faced with spiralling research costs, multinational drug companies are paying moe attention to traditional medicines and Third World research. However, Ghanaian scientist find themselves dependent on high technology from abroad, and the necessary collaboration with foreign labs means the drug companies are likely to get their hands on the results first and possibly to acquire patents. Because of concerns about IPRs, the Organization of African Unity has gone so far as to urge secrecy in herbal medicine research.

Hann, C. M., Ed. (1998). Property Relations: Renewing the Anthropological Tradition. Cambridge, Cambridge University Press.

The anthropological tradition approaches property as a ‘bundle of rights’ and property relationships as social relationships. Rejecting both liberal and socialist approaches, which often neglect the wider social cultural contexts of property, the contributors renew and extend the anthropological perspective.

Hanna, S. and M. Munasinghe, Eds. (1995). Property Rights and the Environment: Social and Ecological Issues. Washington, DC, Beijer International Institute of Ecological Economics & The World Bank.

A collection of papers on the ecology and economics of biodiversity loss that explore the notion that a significant cause of much biodiversity loss lies in indequate institutions, in particular, ill-defined property rights. This volume focuses on social and ecological issues.

Hanna, S. and M. Munasinghe, Eds. (1995). Property Rights in a Social and Ecological Context: Case Studies and Design Applications. Washington, DC, Beijer International Institute of Ecological Economics & The World Bank.

A collection of papers on the ecology and economics of biodiversity loss that explore the notion that a significant cause of much biodiversity loss lies in indequate institutions, in particular, ill-defined property rights. This volume deals with case studies and design applications.

Hansen, B. V. (1994). Arctic Environmental Strategy Protection: Report on Seminar on Integration of Indigenous Peoples Knowledge. Arctic Environmental Strategy: Seminar on Integration of Indigenous Peoples Knowledge, Reykjavik, Ministry of the Environment (Iceland), Ministry of the Environment (Denmark) and The Home Rule of Greenland (Denmark Office).

Proceedings of a seminar that aimed to clarify how indigenous knowledge is applicable to the Arctic Environmental Protection Strategy, identify strategies and pragmatic proposals for its integration and identify the contribution that indigenous knowledge can make to sustainable development.

Hardon, J. J., B. Vosman, et al. (1994). Identifying Genetic Resources and their Origin: The Capabilities and Limitations of Modern Biochemical and Legal Systems. Rome, Food and Agriculture Organization.

To legally enforce sovereign rights over plant genetic resources (PGRs) it is important that their identity and origin can be established. Modern techniques allow for a detailed description of the heritable material of plants and plant populations. Therefore answers to the following questions can assist discussion on the issue of ownership of PGRs: (i) What are the capabilities and limitations of ‘genetic fingerprinting’ and related techniques for identifying PGRs and their origin; (ii) What are their implications for enforcing sovereign rights; (iii) What is the feasibility of determining the country of origin considering the different types of PGRs; (iv) What legal requirements exist for IPR protection; (v) What types of material can be protected; (vi) To what extent can legal systems be modified to include a wider range of genetic material; and (vii) What is the significance of various modalities of asserting sovereign rights over PGRs for their conservation and utilization. This report reviews existing legal systems concerned with biological materials and explores to what extent identity and origin of PGRs can be established.

Harhoff, F. (1991). “Indigenous Rights Between Law and Sociology: Internationalising Soft Norms in a Hard Context.” North Atlantic Studies 1(2): 64-70.

Identifies certain aspects of dogmatic legal science relevant to study of binding norms beyond traditional hierarchy of legal sources. Argues that recognition of right of indigenous peoples to self-determination in international law will depend on international community’s willingness to accept modifications to principle of sovereignty.

Haricharan, S. (1995). The Different Approaches to Community Participation have Different Implicatiions for Development. Regional Workshop on Study and Promotion of Indigenous Knowledge Systems in Natural Resources Management in Southern Africa, Midmar, Kwazulu.

Examines two approaches to community participation and their implications for development: the centralised approach and the empowerment approach.

Harris, J. (1993). Private and Non-Private Property: What is the Difference? London, Institute of Advanced Legal Studies.

Discusses the varied forms of ‘property’ understood as a legal and social institution governing the use of most things and the allocation of some items of social wealth. The essentials of a property institution are (a) trespassing rules (b) what author calls the ownership spectrum - the range of open-ended relationships presupposed and protected by trespassory rules.

Harris, A. E. (1995). A Good Idea Waiting to Happen. Cairns, North Queensland, The Cape York Land Council.

Proceedings of a workshop on Regional Agreements in Australia.

Harris, H. (1996). A Critical Analysis of the Concept ‘Indigenous Knowledge’ Within Current Development Discourse. Social Anthropology. Canterbury, University of Kent.

Provides a critical analysis of the ‘indigenous knowledge’ concept as it is currently used and perceived within development discourse and the implications that this holds for its application and contribution to both theory and praxis.

Harrison, P. (1987). The Greening of Africa: Breaking Through in the Battle for Land and Food, IIED / Paladin.

Surveys roots of Africa’s problems from debt to food deficits, from land degradation to deforestation and desertification. Also surveys ventures that have mobilized peasants to boost food production, conserve soil, water and forests. The result is a realistic blueprint that could revolutionize Africa’s prospects in an affordable future that can work

Harrop, S. (1995). “The GATT 1994, the Biological Diversity Convention and their Relationship with Macro-Biodiversity Management.” Biodiversity and Conservation 4: 1019-1025.

Where a country is particularly endowed with rich biodiversity, such as extensive rain forests, which provide a source for the development of an almost endless range of valuable biotechnology, there is only narrow scope for that country to protect its interests (particularly from the activities of foreign developers) and thus reap for itself appropriate benefits from its biodiversity.

Hawkins, C. (1995). Stopping the Rip-Offs. Alternative Law Journal/Aboriginal Law Bulletin. 20/3: 7-10.

Describes the Issues Paper ‘Stopping the Rip-Offs’ released by the government.

Hay-Edie, T. (1995). The ‘Cultural Landscape’ Concept in UNESCO Biosphere Reserves. Environmental Change and Management. Oxford, Linacre College, Oxford University.

The ‘cultural landscape’ concept represents a challenge to revalorise the local cultural realities of peoples living in protected areas which have for too long been considered and incomplete. The concept has been applied by the World Heritage Convention, and has the potential to become an effective tool for protecting vulnerable indigenous groups on areas classified as ‘empty’ such as tropical forests. It might also prove to be a means of identifying and conveying the importance of complex zoning systems of protected landscapes such as Biosphere Reserves.

Hayson, V. and J. Richstone (1987). “Customizing Law in the Territories: Proposal for a Task Force on Customary Law in Nunavut.” Etudes / Inuit / Studies 11(1): 91-106.

For some time Inuit in the Northwest Territories have been demanding division of the NWT and the creation of a new territory to be known as Nunavut, in which Inuit would constitute the minority. This paper provides a brief summary of recent constitutional development in the NWT and focuses on a proposal by the Nunavut Constitutional Forum to integrate customary law within the overall justice system in the future territory. This proposal calls for the establishment of a task force on customary law to study and report on how the justice system could be modified so as to implement Inuit customary law.

Head, S. and R. Heinzman, Eds. (1990). Lessons of the Rainforest. San Francisco, Sierra Club Books.

Responding to accelerating worldwide destruction of tropical rainforests, this collection of essays from leading authorities committed to finding alternatives to rainforest decimation, examines the many interrelated issues and offers strategies for slowing the destruction that threatens life on earth.

Headland, T. N. and J. D. Headland (1993). Westernization, Deculturation, Or Extinction Among the Agta Negritos? The Phillipine Population Explosion and Its Effect on a Rainforest Hunting and Gathering Society. Moscow, Russia. T. S. I. C. o. H. a. G. Societies. August 17-23 1993.

The indigenous group is suffering population decline in the face of abuse form outsiders encroaching on their land. This situation prevents them from taking up farming on a larger scale. The competitive exclusion principle explains that such an outcome is the result of competition between rural population for a scarce resource, in this case, land.

Hecht, S. and A. Cockburn (1989). The Fate of the Forest: Developers, Destroyers and Defenders of the Amazon. London, UK, Verso.

Describes the ecology of the Amazon rainforest and how indigenous peoples manage and manipulate ecosystems. It also tells the story of exploitation of the Amazon and its inhabitants from the early colonial period to the present time, and explains the important place that the Amazon continues to hold in the western imagination.

Hecht, S. B. and D. A. Posey (1989). “Preliminary Results on Soil Management Techniques of the Kayapo Indians.” Advances in Economic Botany 7: 174-188.

This paper outlines some of the major features of Kayapo agricultural systems and the soil management methods they use to enhance soil fertility over time. It demonstrates that indigenous soil management is an enormously under-researched field with great potential for informing research strategies for tropical land management.

Heintze, H.-J. (1990). “UNO-Aktivitaten zu den Rechten von Ureinwohner-Volkern.” Asien, Afrika, Lateinamerika 18(2): 223-233.

Since the early 1980s the UN has been increasingly working on problems of the international legal protection of the rights of indigenous peoples. In the course of this a number of complicated legal issues have been raised, including the definition of indigenous peoples and, most important of all, the right to self-determination. (In German)

Heller, M. A. and R. S. Eisenburg (1998). “Can Patents Deter Innovation? The Anticommons in Biomedical Research.” Science 280(1 May): 698-701.

The ‘tragedy of the commons’ metaphor helps explain why people overuse shared resources. However, the recent proliferation of IPRs in biomedical research suggests a different tragedy, an ‘anticommons’ in which people underuse scarce resources because too many owners can block each other. Privatisation of biomedical research must be more carefully deployed to sustain both upstream research and downstream product development. Otherwise, more IPRs may lead paradoxically to fewer useful products for improving human health.

Henderson, E. (1997). “TRIPs and the Third World: the Example of Pharmaceutical Patents in India.” European Intellectual Property Review(11): 651-663.

Argues that there are justifiable fears that patent protection will do more harm than good in developing countries. It remains to be seen whether India -- its industry and population -- will benefit from pharmaceutical patent protection. It may be that widespread piracy of pharmaceuticals will continue unpunished in India and other countries even after TRIPS has been implemented. Perhaps, the author suggests, TRIPS will mean nothing more than the occasional destruction of pirated goods when the world media is watching and a return to the status quo when their back is turned.

Hendrickx, F., V. Koester, et al. (1993). “Access to Genetic Resources: A Legal Analysis.” Environmental Policy and Law 23(6): 250-258.

Legal analysis of aspects of the CBD regarding access to genetic resources. It addresses how the provisions on access to genetic resources should be interpreted and how they should be implemented. A model is provided for a prior informed consent system.

Hendrickx, F., V. Koester, et al. (1994). Access to Genetic Resources: A Legal Analysis. Biodiplomacy. V. Sanchez and C. Juma. Nairobi, ACTS: 139-153.

Legal analysis of aspects of the CBD regarding access to genetic resources. It addresses how the provisions on access to genetic resources should be interpreted and how they should be implemented. A model is provided for a prior informed consent system.

Henley, J. (1996). Native Sami Rights ‘Trampled’ in Rush for Arctic Gold. The Guardian. London: 15.

Sami reindeer farmers fear for their livelihoods as mining firms from around the world participate in a mineral prospecting boom in northern Scandinavia.

Henne, G. (1997). ‘Mutually Agreed Terms’ in the CBD: Requirements Under Public International Law. Access to Genetic Resources: Strategies for Sharing Benefits. J. Mugabe, C. V. Barber, G. Henne, L. Glowka and A. La Viña. Nairobi, ACTS Press: 71-91.

The phrase ‘mutually agreed terms’ is used in various articles of the CBD, but is neither defined nor explained. This chapter attempts to answer the setting and the underlying conditions for mutually agreed terms in the context of the CBD, and closes with some recommendations for implementing the concept.

Herle, A. (1994). “Museums and Shamans: A Cross-Cultural Collaboration.” Anthropology Today 10(1).

Describes a collaboration between a Nepalese shaman and a museum. The museum is displaying cultural artefacts selected, stored and exhibited in a culturally-sensitive manner following the shaman’s advice. Particularly sacred objects are held on deposit, not owned, by the museum. The museum will help his people set up their own museum and archives in Nepal.

Herlihy, P. H. (1997). Indigenous Peoples and Biosphere Reserve Conservation in the Mosquitia Rain Forest Corridor, Honduras. Conservation Through Cultural Survival. S. Stevens. Washington DC & Covelo, Island Press: 99-129.

Overview of the establishment of protected areas on indigenous homelands in Central America, focusing on the creation of inhabited protected areas in Honduras and particularly the establishment of Rio Platano and Tawahka Asangni biosphere reserves and the proposal for the Plapawans reserve system in the rain forests of the Mosquitia Corridor.

Hettinger, E. (1989). “Justifying Intellectual Property.” Philosophy and Public Affairs 18(Winter): 31-52.

Argues that justifying IPRs is a difficult task. The inadequacies of the traditional justifications for property become more problematic when applied to intellectual property. Both the non-exclusive nature of intellectual objects and the presumption against allowing restrictions on the free flow of ideas create special burdens in justifying such property. It is suggested, though, that copyrights are easier to justify than patents or trade secrets since they restrict merely the expression of an idea.

Heywood, V., Ed. (1995). Global Biodiversity Assessment. Cambridge, United Nations Environment Programme and Cambridge University Press.

Provides an independent critical scientific analysis of the current issues, theories and views regarding the main global aspects of biodiversity. Assesses the current state of knowledge, identifies gaps in understanding and draws attention to those issues where scientists have reached a consensus as well as those where uncertainty has led to conflicting viewpoints and a need for further research. Describes and analyses the main components of current research, including the characterisation, origins, dynamics, distribution, monitoring and multiple values of biodiversity; biodiversity and ecosystem functioning; human influences on biodiversity; biotechnology; data and information management, and communication.

Hildyard, N. (1991). “An Open Letter to Edouard Saouma, Director-General of the Food and Agriculture Organization of the United Nations.” The Ecologist