Indigenous peoples have received much attention as potential resource managers of threatened tropical forest ecosystems. Using data from Latin America, this article argues that fundamental changes need to take place in the legal recognition and demarcation of indigenous territories for this potential to be fulfilled. Argues also that there needs to be a new type of partnership among indigenous peoples, the scientific community, national governments and international development agencies for the management of tropical forests.
Dawkins, K. (1994). Balancing: Policies for Just and Sustainable Trade. Minneapolis, Institute for Agriculture and Trade Policy.
Analysis of the international trade regime that proposes actions to make the regime more equitable and environmentally friendly.
Dawkins, K. and J. Brecher (1994). NAFTA, GATT & The World Trade Organization: The Emerging New World Order. Open Magazine Pamphlet Series. Westfield, NJ.
Analysis of NAFTA, GATT and the WTO which argues that these institutions unfairly favour the interests of corporations.
Dawkins, K. and S. Suppan (1996). Sterile Fields: The Impacts of Intellectual Property Rights and Trade on Biodiversity and Food Security. With Case Studies from the Philippines, Zimbabwe and Mexico. Minnesota, US, Institute for Agriculture and Trade Policy.
Presents the negative impacts of IPRs and free trade on biodiversity and food security, concluding with a series of recommendations to respond to these conflicts. The paper contains reports on the present situation in three developing countries: the Philippines, Zimbabwe and Mexico.
Dawkins, K. (1997). US Unilateralism: A Threat to Global Sustainability? Bridges. 1: 11.
When the Thai government received a letter from the US State Department questioning the TRIPS-compatibility of its draft legislation allowing Thai healers to register traditional medicines, a storm of protest was aroused. This case exemplifies how the United States continues to threaten and punish countries for their ‘unsatisfactory’ IPR laws. The author considers such actions as being threatening also to global environmental sustainability.
de Alencar, G. and M. van der Ree (1996). 1996: An Important Year for Brazilian Biopolitics? Biotechnology and Development Monitor: 21-22.
In 1996, the Brazilian Congress and the Federal Government concluded an enduring five year debate on patents by adopting a new patent law. Late in 1995, the ‘Access to Genetic Resources Bill’ was proposed by the Senate, which will deepen the debate regarding the implementation of the CBD.
de Avila, A. B. (1990). Report on the 2nd International Congress of Ethnobiology, Kunming, Yunnan, China, October 22-26 1990. Washington DC, WWF - USA.
Report prepared for WWF on the 2nd International Congress on Ethnobiology.
de Beer, J. H. and M. J. McDermott (1989). The Economic Value of Non-Timber Forest Products in South-East Asia. Amsterdam, Netherlands, Netherlands Committee for IUCN.
A study into the economic value of NTFPs aimed at contributing to their full appreciation and to a new consciousness with regard to rainforests, their constituents and their inhabitants.
de Boef, W., K. Amanor, et al. (1993). Cultivating Knowledge: Genetic Diversity, Farmer Experimentation and Crop Research. London, Intermediate Technology Publications.
Local crop diversity in the South is being threatened by the promotion of ‘high’yielding’ varieties. These worldwide case studies show the importance of small-scale farmers and local communities to maintaining crop diversity.
de Grazia, M. (1993). The Logic of Textual Entitlement in Early Modern England. March 8th-12th 1993. C. A. C. A. P. a. P. o. I. P. i. t. P.-C. Era. Bellagio, Italy.
In the early days of publishing the natural generation of children was a source of metaphors for the mechanics of duplicating copies of a book. Even the printing press was constructed with parts made to fit together like male and female sexual parts and named accordingly. Therefore, even before copyright was codified, a claim to ownership was built into the press itself. Nowadays the use of sexual metaphors for reproducing texts is much less appropriate. Nowhere is this more so than in the copywriting of DNA codes.
de Kathen, A. (1996). “The Impact of Transgenic Crop Releases on Biodiversity in Developing Countries.” Biotechnology and Development Monitor(28): 10-14.
An increasing number of transgenic crops are deliberately released into centres of biodiversity, which are mostly found in developing countries. Since these centres are important for the future of the world’s major food crops, there is great concern about the potential ecological impact of these releases. Information and knowledge about the ecological impact are, however, still marginal. This article focuses on the hypothetical risks, with potato serving as an example.
de Vries, G. (1993). Intellectual Property Rights and Biodiversity. Washington DC, GLOBE USA.
Both the USA and EC have produced Draft Interpretative Declarations which deal with IPRs over technology transfers. GLOBE opposes these statements as well as the exclusion of ex-situ collections of germplasm from the scope of the CBD.
Degawan, M. (1994). The Land that Touches the Sky. Voices of the Earth. L. v. d. Vlist. Amsterdam, NCIV & International Books: 89-95.
Presents the perspectives of indigenous peoples of the Philippines on human rights, economic rights and the right to self-determination.
Degawan, M. (1994). Creating Partnerships for Sustainable Development: Towards a Code of Conduct for Development Work in Indigenous Peoples’ Territories. Voices of the Earth. L. v. d. Vlist. Amsterdam, NCIV & International Books: 254-259.
Argues that all development work taking place on indigenous peoples’ lands should recognise these peoples’ rights to self-determination.
Dene Cultural Institute (n.d.). Amerindian Initiatives in Environmental Protection and Natural Resource Management; A Directory of Projects and Programmes (first draft). Yellowknife, Canada, Dene Cultural Institute.
Contains examples of Amerindian peoples’ projects and programmes relating to environmental protection and natural resource management.
Deviprasad, K. N. (1997). Peoples Biodiversity Register of Subrahmanya Village, Sullia Taluk, Dakshina Kannada District, Karnataka State. A Programme of Empowering People for Managing Biodiversity. Dakshina, India, Nehru Memorial College.
As part of the WWF India Biodiversity Conservation Prioritization Project, a people’s biodiversity register has been completed for the village of Subrahmanya village in Karnataka. This report describes the nature and life of the village area with the expectation that it will contribute to sustainable use and protection of the local environment and to community development.
Dhadda, B. K. (1996). Taking the Blood and Flesh of Others: A Vampire Manifesto? Centre for the Study of Women and Gender. Warwick, University of Warwick.
A post-colonial feminist critique of the commodification of human components by the Human Genome Diversity Project.
Dhar, B., B. Pandey, et al. (1995). “Farmers’ Interests Recognized in Indian PBR Bill.” Biotechnology and Development Monitor(23): 18-21.
Indian agriculture stands at a crossroads today as the government prepares to bring forth legislation on plant breeders’ rights (PBR). By introducing PBR, India would fulfil commitments made under GATT and accommodate the demands of the private seed industry. India is the first country that tries to give the concept of Farmers’ Rights a legal footing in PBR legislation. Despite the attempts by the Indian legislators to strike a balance between interests of farmers and private breeders, the PBR bill is challenged by both.
Dhar, B. and S. Chaturvedi (1998). “Introducing Plant Breeders’ Rights in India: A Critical Evaluation of the Proposed Legislation.” Journal of World Intellectual Property1(2): 245-262.
The authors analyse critically the key features of proposed Indian legislation on plant variety protection. They reflect upon the manner in which the respective interests of the farmers and commercial breeders have been taken into consideration. The article underscores the importance of looking beyond the narrow confines of the system which recognises the contribution only of the commercial plant breeders in the progress of agriculture.
Dholakia, A. R. (1993). Rural Women In Search of Sustainable Development: A Case Study in Grassroots Women’s Natural Resources Management. July 27-30. I. I. P. s. Symposium. Zuni, New Mexico, USA.
Describes the work of an Indian NGO called ‘Grass’ which helps indigenous women in dryland regions. The aims are to empower women and integrate them into the ecological and economic development mainstream.
Dickson, D. (1988). Europe Grants First Patent on Plants. Science. 240: 1142.
Reports that the first ever plant patent in Europe has been granted under the European Patent Convention.
Dickson, D. and K. S. Jayaraman (1995). Aid Groups Back Challenge to Neem Patents. Nature. 377: 95.
Reports that the challenge to the neem patents is gathering force among non-governmental groups in the developed world.
Dillingham, S. (1990). From the Rainforest to the Shelves. Insight: 41.
Companies are learning that selling goods with nature in mind can be a sound business practice. Much effort has been focused on the Amazon rainforest, for example, to save it from destruction while making it a source of desirable products.
Dinham, B., Ed. (1996). Growing Food Security: Challenging the Link between Pesticides and Access to Food. London, The Pesticides Trust.
A selection of articles by public interest NGOs concerned with the problems of relying on intensive inputs to solve questions of global food security. The contributions are divided into the following sections: I Corporate strategies; II Economic, political and institutional issues; III Regional & national experiences; IV The need for a sustainable alternative; V Planning the future – collective visions.
Dixon, J. A. and P. B. Sherman (1991). Economics of Protected Areas: A New Look at Benefits and Costs. London, Earthscan Books.
The true economic value of protected areas, including national parks, scientific reserves, wildlife sanctuaries, and natural monuments and landmarks, is often difficult to measure. They may be repositories of unique or very valuable natural assets, yet the short-term gains from exploiting their resources can appear more attractive than the long-term benefits of conservation. This book helps those involved in maintaining protected areas to assess their costs and benefits, and provides a method for assigning monetary value to natural features. The first part of the book explains the available economic techniques and how to apply them, and the second part applies these general principles to specific case studies in Thailand and other developing countries in Asia, Latin America, the Caribbean and Africa. (Published in 1990 by Island Press)
Dodds, F. and T. Bigg (1995). The United Nations Commission on Sustainable Development: Three Years Since the Rio Summit. London, UNED UK Committee.
Reports on progress at the UN Commission on Sustainable Development since the 1992 Earth Summit.
Dodson, M. (1994). Voices of the Peoples-Voices of the Earth: Indigenous Peoples-Subjugation or Self-determination? Voices of the Earth. L. v. d. Vlist. Amsterdam, NCIV & International Books: 18-29.
Describes the colonial experiences of Aboriginal Australians and argues for recognition of their right to self-determination.
Dodson, M. (1994). New Perspectives for Aboriginal Land Rights. Voices of the Earth. L. v. d. Vlist. Amsterdam, NCIV & International Books: 80-88.
Describes the meaning of land rights for Aboriginal Australians and the struggle to achieve national recognition of these rights.
Dohlman, E. (1990). The Trade Effects of Environmental Regulation. The OECD Observer: 28-32.
In response to changes in attitude to the environment governments are faced with pressure to alter their policies in ways which might have implications for trade and trade policy.
Dominguez, C. and A. Gomez (1994). Nacion y Etnias. Conflictos Territoriales en la Amazonia Colombiana 1750-1933. Bogota, Disloque Editores Ltda.
History of territorial conflicts on the Colombian Amazon. (In Spanish)
Dompke, S. (1996). Analysis of Concepts of Participation of Indigenous Peoples in Biosphere Reserves on the Basis of Documentation Evaluation. Berline, Naturschutzbund Deutschland (NABU) & German Society for Technical Cooperation (GTZ).
A study in indigenous peoples and protected areas. It identifies the biosphere reserves in Asia, Africa and Latin America in which indigenous peoples live or in which culturally significant sites and areas of of indigenous peoples can be found. It also analyses the organisation which represent the interests if affected indigenous peoples, and the concepts for participation in the chosen biosphere reserves.
Dompke, S. (1996). Analysis of Concepts for the Participation of Indigenous Peoples in Biosphere Reserves on the Basis of Document Evaluation: Appendix II: Biosphere Reserves and Indigenous Peoples in Developing Countries. Berlin, Naturschutzbund Deutschland (NABU) & German Society for Technical Cooperation (GTZ).
A list of biosphere reserves in Asia, Africa and Latin America that are inhabited by indigenous peoples or in which their culturally significant sites can be found.
Dompke, S., L. Gundling, et al. (1996). Conservation and Use of Biological Diversity and the Rights of Indigenous Peoples. Berlin & Heidelberg, Forum Umwelt und Entwicklung.
Study which attempts to contribute to clarifying possible legal concepts to protect indigenous peoples and their knowledge with regard to biodiversity conservation and sustainable use. It builds on legal developments before, at, and after UNCED, identifies the interests to be protected, and assesses critically the proposals submitted so far to protect indigenous peoples more effectively.
Donigi, P. (1994). Indigenous or Aboriginal Rights to Property: A Papua New Guinea Perspective. Utrecht, the Netherlands, International Books.
International law supports the right of states to claim national sovereignty over all natural resources. Often this principle justifies national laws that grant governments exclusive rights to negotiate with multinational corporations wishing to extract these resources. Indigenous communities are often excluded from negotiations. In Papua New Guinea, only 3% of its land surface is legally under state ownership, the rest being owned collectively by the indigenous communities in accordance with customary law. Yet the government grants licences to mining corporations to extract minerals on community-owned lands without the consent of the local communities, who suffer exploitation and the effects of environmental degradation as a result.
Dorm-Adzobu, C., O. Ampadu-Agyei, et al. (1991). Community Institutions in Resource Management Agroforestry by Hobisquads in Ghana. Washington DC & Nairobi, WRI & ACTS.
A local self-development cooperative has successfully turned land considered infertile into productive farmland through various agroforestry practices. Among other reasons the success can be explained by the receipt of immediate financial and other benefits and the fact that the actions are designed, implemented and managed by local people
Dorm-Adzobu, C., O. Ampadu-Agyei, et al. (1991). Religious Beliefs and Environmental Protection. Washingron DC & Nairobi, WRI & ACTS.
A protected sacred grove has become a partially closed-canopy forest due to the strong religious belief in the grove as a sanctuary of a local God. Regulations established centuries ago for using and protecting the grove are well observed. Government support for conservation of sacred groves, technical assistance and education maylead to improved local initiatives in environmental protection and management.
Dougherty, T. (1998). “Group Rights to Cultural Survival: Intellectual Property Rights in Native American Cultural Symbols.” Columbia Human Rights Law Review29: 355-399.
This article deals with some of the theoretical and jurisprudential issues that arise when Native American cultural symbols are appropriated by non-Native individuals and businesses to sell products. Legal challenges to these acts of appropriation are gnerally unsuccessful since the acts are not considered thefts. Rather, the cultural symbols are considered part of the public domain and as a result are available for use in business contexts. In fact, through trademark law, it is the appropriator of the symbol that is often given a property rights in the symbol. In contrast, this article contends that the conceptions of property underlying such legal protection are not relevant to the specific context of Native American culture and law and, further, that they are based on an outdated notion of individual property rights. Specifically, the author argues that in the context of certain Native American claims implicated in the survival of Native American culture, U.S. courts ought to consider these claims from a group, rather than an individual, rights perspective.
Dove, M. R. (1993). “A Revisionist View of Tropical Deforestation and Development.” Environmental Conservation20(1): 17-25.
Critiques one of the prevailing theories of tropical deforestation, that the forest is being cleared because its riches have been overlooked (the purported solution to which is the marketing of ‘rainforest crunch’). It is argued that a focus on the micro-economics of forest dwellers diverts attention from macro-economic and political issues whose impact on the forests is more serious.
Dove, M. R. (1994). Marketing of the Rainforest: ‘Green Panacea or Red Herring? Honolulu, East-West Center.
Argues that marketing rainforest products is not only trying to protect the trees from the wrong people; it perpetuates the process of leaving to the forest dwellers the resources of least interest to the broader society. The focus on ‘green shopping’ is a dangerous distraction from the political and economic changes that must be made to encourage conservation of the world’s tropical forests and improve the lot of the people who live there.
Dove, M. (1996). Center, Periphery and Bio-Diversity: A Paradox of Governance and a Developmental Challenge. Valuing Local Knowledge: Indigenous Peoples and Intellectual Property Rights. S. B. Brush and D. Stabinsky. Covelo, CA, Island Press.
Critiques idea of broad IPR regimes that include traditional knowledge on grounds of practicality. Compensation will be misappropriated by elites and the state attracted by increased resource extraction; traditional societies will be disrupted. Recommends instead that harmful policies be eliminated.
Dove, M. R. and D. M. Kammen (1997). “The Epistemology of Sustainable Resource Use: Managing Forest Products, Swiddens, and High-Yielding Variety Crops.” Human Organization56(1): 91-101.
Examines the moral ecology of resource use through a comparison of the ideological bases of three systems of resource use in Southeast Asia: gathering forest products, swidden agriculture, and the cultivation of high-yielding variety, green revolution crops. The study contributes to current debates about sustainable resource use, the conception of nature and culture, and the epistemology of science and the contemporary role of agriculture.
Downes, D., S. A. Laird, et al. (1993). Biodiversity Prospecting Contract. Biodiversity Prospecting. W. V. Reid, S. A. Laird, C. A. Meyeret al, WRI, INBio, Rainforest Alliance, ACTS: 255-287.
This is a model contract to be used as an aid to the negotiation of contracts for the collection of biological samples. The parties are Pharmaceutical Companies and Collectors. The draft contract includes requirements of local participation and benefits, environmental assessment, and public reporting that indigenous people and local communities may wish to include in an appendix
Downes, D. (1995). The Convention on Biological Diversity and the GATT. The Use of Trade Measures in Select Multilateral Environmental Agreements. D. Goldberg, R. Housman, B. Van Dyke and D. Zaelke. Geneva, United Nations Environment Programme. 10.
This chapter discusses the relationships between trade-related provisions of the CBD and the GATT/WTO. The Convention is generally consistent with the GATT/WTO and has such a large and growing number of parties that trade challenges appear unlikely. Nevertheless, issues of compatibility with GATT/WTO could arise in interpreting and implementing certain provisions. The likelihood that questions will arise depends upon future developments that are difficult to predict, such as trends in the market value of genetic resources and in national capacities for biotechnology.
Downes, D. (1997). Using Intellectual Property as a Tool to Protect Traditional Knowledge: Recommendations for Next Steps. Washington DC, Center for International Environmental Law.
Although IPRs currently provide limited incentives to communities, it is argued that some form of IPRs could be a valuable tool for communities to use to control their traditional knowledge and gain greater shares of the benefits. CBD Parties are urged to explore possible modifications to existing IPRs, or the creation of sui generis rights, that could accomplish these goals. Various recommendation are proposed, including: exploring the use of geographical indications, trademarks and authors’ moral rights; supporting the establishment of national and international registries of traditional knowledge; and considering a requirement for patent applicants to disclose traditional knowledge and its origin as well as the origin of genetic resources used in the invention.
Downes, D. R., L. S.A., et al. (1999). Innovative Mechanisms for Sharing Benefits of Biodiversity and Related Knowledge Case Studies on Geographical Indications and Trademarks, Prepared for UNCTAD Biotrade Initiative.
This paper explores the innovative use of selected legal tools to support the efforts of the people of local and indigenous communities to conserve and use sustainably their biological diversity, biological resources, and associated traditional knowledge. The paper reviews concepts of intellectual property – in particular trademarks and geographical indications – as possible incentives for the marketing of products from biological resources produced through traditional and environmentally friendly methods. It includes preliminary case studies drawn from Asia, Africa and Latin America.
Downes, D. R., L. S.A., et al. (1999). Community Registries of Biodiversity-related Knowledge: The Role of Intellectual Property in Managing Access and Benefit Sharing, Prepared for UNCTAD Biotrade Initiative.
This paper explores the promise and peril of using registries of knowledge as tools for the people of local and indigenous communities to employ for the conservation, sustainable use and sharing of benefits from their biodiversity, biological resources, and associated traditional knowledge. In particular, the paper explores the impact of applying IPRs and other tools for controlling ownership and access to registries. It includes brief preliminary case studies reviewing current efforts.
Downes, D. R. (2000). “How Intellectual Property Could Be a Tool to Protect Traditional Knowledge.” Columbia Journal of Environmental Law25: 253-281.
The article starts by critiquing the polarised international debate over IPRs and traditional knowledge in an effort to clarify the terms of discussion. The author then proposes five ways to explore the potential of using IPRs to help traditional knowledge holders benefit from their knowledge and thereby increase incentives for them to preserve it and the biodiversity to which it is related.