Annotated bibliography on

: 265-298.

The establishment of protected areas based upon partnerships among indigenous peoples, governments and the global conservation community can both foster effective conservation and support indigenous sovereignty, land rights, and self-determination. The chapter assesses case studies and experiences for the lessons learned, and offers various proposals for promoting conservation in inhabited protected areas and for an international agenda for changing the relationship between protected areas and indigenous peoples.

Stichting Rainforest Bulletin (Rainforest Medical Foundation) (1994-). Rainforest Medical Bulletin. Heemstede.

Bulletin of the Rainforest Medical Foundation. The RMF was established in 1991 by a group of physicians in the Netherlands, who realised that the loss of the rainforest is also an enormous loss of resources for both western and non-western medicine. (In Dutch and English)

Stix, G. (1993). Back to Roots. Scientific American: 118-19.

There is a resurgence of bioprospecting for the pharmaceutical industry. This is explained by a green public relations boom and the prospect of discovering the next taxol, a cancer treatment originally extracted from the bark of the Pacific yew tree. A number of initiatives are described including INBio and Shaman Pharmaceuticals.

Stockholm Environment Institute (1994). Discussion Paper: A Clearing-House Mechanism to Promote and Facilitate Technical and Scientific Cooperation Under the UN Convention on Biological Diversity. 22 & 23 November 1994. Carnival’s Crystal Palace, Nassau, Bahamas. Stockholm, SEI.

Discussion paper for a meeting to discuss the possible elements of a clearing-house mechanism to promote and facilitate technical and scientific cooperation in pursuit of the relevant provisions of the CBD.

Stockholm Environment Institute and I. A. o. t. Environment (1994). Co-ordinated Arrangements for the Conservation and Sustainable Use of Genetic Resources, Material and Technology Transfer, and Benefit Sharing. Geneva, Stockholm Environment Institute,

International Academy of the Environment.

Report of: An African Round Table on Coordinated Arrangements for the Conservation and Sustainable USe of Genetic Material, Material and Technology Transfer and Benefit Sharing (Nairobi, September 1994).
Stockholm Environmental Institute and International Academy of the Environment (1994). Assessment, Conservation and the Sustainable Use of Genetic Resources: Achieving National Objectives through Regional Collaboration. Stockholm & Geneva, Stockholm Environmental Institute,

International Academy of the Environment.

Report of an Asian Round Table, which took place in October 1994 in Wisma Puspiptek Serpong, Indonesia. Discussions at the Round Table dealt with the following three topics: (i) terrestrial and aquatic resources in the region and their utilisation; (ii) assessment, conservation and use of genetic resources; and (iii) regional co-ordination and collaboration mechanisms.
Stone, R. (1992). “The Biodiversity Treaty: Pandora’s Box or Fair Deal?” Science 256: 1624.

Explains the reasons for the refusal of the USA to sign the CBD in Rio, which were mostly to do with IPRs, and the varying viewpoints of US-based conservationists, lawyers, and pharmaceutical company representatives.

Stone, C. D. (1993). The Gnat is Older than Man: Global Environment and Human Agenda. Princeton, NJ, Princeton University Press.

Why are environmental problems on the rise throughout the world? What can be done about them? This book presents a clear and balanced overview of the range of perils, including climate change, deforestation, and threats to biodiversity. While acknowledging the spiritual dimensions of our present problems, the author emphasises the need for institutional reform aimed at representing the interests of threatened animal species, habitats, and otherwise voiceless elements of the natural world and based on the principle that the atmosphere and oceans are the common property of all humankind.

Strathern, M., M. C. Da Cunha, et al. (1998). “Exploitable Knowledge Belongs to the Creators of it: A Debate.” Social Anthropology 6(1): 109-126.

IPRs are a Euro-American model for thinking about and implementing peoples’ relationships to the products of their creativity. The question is, is this a useful model for anthropologists to pursue or promote in respect of the kinds of knowledge they would otherwise think of as the products of a culture? The text comprises the proceedings of a debate: ‘This house believes that exploitable knowledge belongs to the creators of it’.

Strathern, M. (1999). Property, Substance and Effect: Anthropological Essays on Persons and Things. London and Brunswick, Athlone Press.

This book draws on the author’s interest in the reification of social relations. Its rationale lies in the questions about property, ownership and knowledge which the essays bring together. If the world is shrinking in terms of resources and access to them, it is expanding in terms of new candidates for ownership. The essays touch both on the claims people make through relations with others imagined as relations of body substance, and on the increasing visibility of conceptual or intellectual work as property.

Straus, J. (1987). “The Relationship between Plant Variety Protection and Patent Protection for Biotechnological Inventions from an International Viewpoint.” International Review of Industrial Property and Copyright Law 18(6): 723-37.

The relationship between plant variety protection and patent protection for biological inventions has, as a consequence of scientific and technological developments of recent years, crystallised into a highly controversial problem. This article reviews scientific and legal developments at the international level.

Study Committee on Biotechnology and Intellectual Property Rights with Respect to Developing Countries (1991). The Impact of Intellectual Property Rights in Biotechnology and Plant Breeding in Developing Countries. The Hague, Ministry of Foreign Affairs.

IPRs, agriculture, breeders’ rights, USA, Europe, UPOV, biotechnology

Suagee, D. B. (1994). Human Rights and Cultural Heritage: Developments in the United Nations Working Group on Indigenous Populations. Intellectual Property Rights for Indigenous Peoples: A Sourcebook. T. Greaves. Oklahoma City, SfAA: 191-208.

Presents current agenda of the UN Working Group on Indigenous Populations. Author argues that IPR should not be seen as a competing priority with other pressing needs, such as land and sovereignty, but a complementary one.

Suagee, D. B. (1994). “Turtle’s War Party: An Indian Allegory on Environmental Justice.” Journal of Environmental Law and Litigation 9: 461-97.

Presents a Native American allegory to symbolise the relationship between Indians and the environmental movement. Indians tend to view the large environmental groups with suspicion. It is argued that many environmentalists do not know much about basic principles of retained inherent tribal sovereignty, and if they do accept the doctrine, they do not understand its nuances and limitations. Even if they accept the basic idea that Indian tribes should be self-governing as a matter of right, if a particular tribal government is pursuing a course of action that environmentalists regard as environmentally incorrect, they may go so far in their opposition as to challenge the very legitimacy of the tribal governing body.

Suagee, D. B. and C. T. Stearns (1994). “Indigenous Self-Government, Environmental Protection, and the Consent of the Governed: A Tribal Environmental Review Process.” Colorado Journal of International Environmental Law and Policy 5(1): 59-104.

In the United States, as in many other countries, national policies have encouraged or forced indigenous individuals to assimilate into the dominant society. These policies have been abandoned in the US, but their legacy remains. One aspect of this legacy is that on many reservations a large percentage of residents are not tribal members. Tribal governments now face the difficult issue of how to accommodate the legitimate interests of non-members, including their human rights, while still carrying on trinal self-government. This article explores this issue and suggests a general approach that tribal governments might take in the field of environmental protection.

Subramanian, A. (1992). “Genetic Resources, Biodiversity and Environmental Protection: An Analysis, and Proposals Towards a Solution.” Journal of World Trade 26: 105-109.

Genetic resources have the property that access to one unit is sufficient for the purpose of propagating millions of copies of them. This leads to market failure with potentially significant consequences for environmental protection. A solution to correcting this market proposed which consists of the grant of a new property right (genetic resource right) akin to and inspired by IPRs. The solution has the attractions of addressing the problem of forest degradation, of being a market-based solution and of providing a simple means of securing international cooperation which would not necessarily rely on public financial transfers.

Sultan, R., P. Josif, et al., Eds. (1995). Ecopolitics IX: Perspectives on Indigenous Peoples Management of Environment Resources. Darwin, Northern Land Council.

Collection of papers by indigenous people and members of the conservation movement from a conference sponsored by an Australian Aboriginal organisation, the Northern Land Council. The book concludes with a list of conference resolutions.

Suppan, S. (1998). Biotechnology’s Takeover of the Seed Industry. Minneapolis, Institute for Agriculture and Trade Policy.

Describes the growing dominance of the global seed industry by a small number of life-science corporations such as Monsanto. In spite of the optimistic claims of such companies, there is little discussion of how the application of agricultural biotechnology to agricultural trade policy’s emphasis on monoculture production will reverse the loss of plant diversity essential for reinvigorating plant breeding programmes.

Sutherland, J. (1996). Fisheries, Aquaculture and Aboriginal and Torres Strait Islander Peoples: Studies, Policies and Legislation. Canberra, Department of Environment, Sport and Territories.

This report identifies and summarises those sections of available studies, legislation and policies which are relevant to indigenous Australian peoples’ interests in fisheries and aquaculture. It is structured around the key components of the proposed Aboriginal and Torres Strait Fisheries Strategy, which may be summarised as: recognition of indigenous Australians’ interests in the coastal zone; participation is fisheries management; economic development and employment opportunities; and improving relationships.

Sutherland, J., with assistance from, et al. (1996). Emerging New Legal Standards for Comprehensive Rights for Indigenous Peoples: Future Directions for Environmental Lawyers. Montreal. I. E. L. C. W. o. I. P. a. E. L. C. f. t. E. W. C. Congress. 13-23 October, IUCN.

Provides an overview of the development of international human rights and environmental law insofar as they are relevant to indigenous peoples. The first section deals with the historical development of international environmental law and policy concerning indigenous peoples. The second section examines the content and progress of the draft Declaration on the Rights of Indigenous Peoples, noting some States’ positions on the draft, and the debates over self-determination, representation and definition. The paper concludes that the emerging categories of human rights linked to environmental quality, and to development, are blurring the margins of areas of law, and are leading towards the recognition of integrated comprehensive rights to sustainable human development.

Sutherland, J. (1997). Global Politics, Genetic Resources and Traditional Resource Rights: 1996 and Beyond. Ecopolitics X Conference Proceedings. L. Elliott. Canberra, Australian National University.

Explains how indigenous peoples, local communities and their supporters are responding to international agreements like the CBD, TRIPS and the IUPGR, by: (i) actively opposing trends in intellectual property and international trade law; (ii) advocating equitable benefit sharing from biotechnological research through use of contracts and covenants, and the development of ethical guidelines and codes of practice; or (iii) by using emerging international environmental and human rights law as part of a campaign aimed at empowering traditional communities.

Sutherland, J., with assistance from, et al. (1997). “Emerging New Legal Standards for Comprehensive Rights.” Environmental Law and Policy 27(1): 13-30.

Provides an overview of the development of international human rights and environmental law insofar as they are relevant to indigenous peoples. The first section deals with the historical development of international environmental law and policy concerning indigenous peoples. The second section examines the content and progress of the draft Declaration on the Rights of Indigenous Peoples, noting some States’ positions on the draft, and the debates over self-determination, representation and definition. The paper concludes that the emerging categories of human rights linked to environmental quality, and to development, are blurring the margins of areas of law, and are leading towards the recognition of integrated comprehensive rights to sustainable human development.

Svarstad, H. (1994). National Sovereignty and Genetic Resources. Biodiplomacy. V. Sanchez and C. Juma. Nairobi, ACTS: 45-65.

In the context of the CBD, the author compares and contrasts the demands of the North and of the South. Various remedies are proposed to ensure that countries and people in the South benefit from the Convention’s elements of national sovereignty over genetic resources and technology transfer.

Svarstad, H. (1995). Biodiversity Prospecting: Biopiracy or Equitable Sharing of Benefits? Oslo, Norway, Centre for Development and Environment, University of Oslo.

Until the CBD, genetic resources were considered as the common heritage of mankind. Even though the CBD is yet to be implemented, pharmaceutical companies and research institutes are initiating ways of sharing benefits with the national and local providers of medicinal plants. This paper examines the benefit sharing policies of the National Cancer Institute and Shaman Pharmaceuticals in terms of principles of justice and requirements for sustainable management of biodiversity.

Svarstad, H. and S. S. Dhillion, Eds. (2000). Responding to Bioprospecting: From Biodiversity in the South to Medicines in the North. Oslo, Spartacus Forlag.

The activity of bioprospecting is, in some areas, seen as an opportunity for the sustainable generation of income and funding for purposes such as conservation and health care. However, others see bioprospecting and related patenting as the piracy of biodiversity and knowledge, and there are those who also question the sustainability of the collections. This book provides an insight into the phenomenon, with contributions from those involved in bioprospecting and those protesting against it, as well as researchers based in the natural, social and political sciences, philosophy and law.

Svennevig, I. (1997). Local People of the Western World: The Introduction of Local Cultures in the Wadden Sea Area. Cross-Cultural Protection of Nature and the Environment. F. Arler and I. Svennevig. Odense, Odense University Press: 148-157.

The local people of the Wadden Sea area of North Western Europe integrate their knowledge of the area into their practical activities. In their attempts to secure their use rights to natural resources, the local people introduce a special, local culture, different from the national cultures, and thereby claim their rights to protect their cultural distinctness. Using this case, author argues that the cultures of indigenous peoples would be less caricatured if their expressions were judged less as traditional, authentic traits, and rather as a pre-condition for being allowed the special rights of cultural minorities, and more as a dynamic possibility for peoples to act in a coherent world.

Swain, M. B. (1989). “Developing Ethnic Tourism in Yunnan, China: Shilin Sani.” Tourism Recreation Research 14(1): 33-39.

Yunnan Province (China) is developing scenic, geographically distinct minority areas for tourism including Shilin, the home of the Sani ethnic group. The Sani provide an example of indigenous tourism, a subtype of ethnic tourism differentiated by the control a group exerts in marketing their own culture and territory, resulting in sustainable development. Worldwide, ethnic minorities involved in tourism must face a paradoxical push for change from tourist trade which is based on the expectation that they will stay quaintly ‘ethnic’. A model of indigenous tourism explored articulation of state political economy, tourism capitalism and local ethnic group economy as a mode of promoting ethnic group maintenance through indigenous control of resources.

Swaminathan, M. S., Ed. (1995). Farmers’ Rights and Plant Genetic Resources. Recognition and Reward: A Dialogue. Madras, Macmillan India.

Proceedings of workshop held in Madras in January 1994, whose purpose was to develop practical methods of recognising and rewarding the contributions of tribal and rural people to the conservation and enhancement of plant genetic resources. The book deals with many facets of the problem and suggests a draft legislation containing transparent and implementable procedures for recognising and rewarding farmers’ rights.

Swaminathan, M. S., Ed. (1996). Agrobiodiversity and Farmers’ Rights. MSSRF Proceedings Number 14. Madras, M.S. Swaminathan Research Foundation.

Proceedings of the 1996 Technical Consultation on an Implementation Framework for Farmers’ Rights that took place in Madras, India. The volume includes texts of presentations made by representatives of the FAO Commission on Genetic Resources for Food and Agriculture, the WTO, UPOV and IPGRI and transcripts of discussions, and concludes with a series of recommendations from the participants.

Swanson, T. M., D. W. Pearce, et al. (1994). The Appropriation of the Benefits of Plant Genetic Resources for Agriculture: An Economic Analysis of the Alternative Mechanisms for Biodiversity Conservation. Rome, FAO.

This report presents an economic analysis of the need for and the nature of Farmers’ Rights, the concept developed within the IUPGR. It shows that the need for Farmers’ Rights derives from bias within the socio-economic process that is driving the depletion of plant genetic resources for agriculture. It identifies the nature of Farmers’ Rights as being in the first instance the creation of internationally-recognised rights to the appropriable values (discoveries, contributions to enhanced yields) generated by these resources as a factor of production. There are also other values of plant genetic resources which are incapable of appropriation; for these, a cost-effective international compensation mechanism is required.

Swanson, T., Ed. (1995). Intellectual Property Rights and Biodiversity Conservation: An Interdisciplinary Analysis of the Values of Medicinal Plants. Cambridge, Cambridge University Press.

Provides a detailed analysis of the economic and scientific rationales for biodiversity conservation. It discusses the justification for, and implementation of, IPR regimes as incentive systems to encourage conservation. An interdisciplinary approach is used, encompassing fields of study that include evolutionary biology, chemistry, economics and legal studies. The arguments are presented using the case study of the use of medicinal plants in the pharmaceutical industry.

Swanson, T. (1995). The Appropriation of Evolution’s Values: An Institutional Analysis of Intellectual Property Regimes and Biodiversity Conservation. Intellectual Property Rights and Biodiversity Conservation: An Interdisciplinary Analysis of the Values of Medicinal Plants. T. Swanson. Cambridge, Cambridge University Press: 141-175.

Explains how the decline of biodiversity has been generated by the human development process; categorises the opportunity costs of such development, i.e. the values of biodiversity; and demonstrates the nature of the institution required to bring these values into the calculus. It is essential to invest in a diversity of institutions in order to capture the values of biodiversity.

Swanson, T. (1996). “The Reliance of Northern Economies on Southern Biodiversity: Biodiversity as Information.” Ecological Economics 17: 1-8.

Addresses the issue of how biodiversity is used as an input into important industrial research and development processes. Results are reported from a survey of the agricultural research and development industry, demonstrating how the environment engenders new problems in a systematic fashion and how the industry makes recourse to biodiversity for stocks of information to address these problems. The reliance of this northern-based industry on southern-based biodiversity is found to be substantial and the elimination of biodiversity could be disastrous for these important industries in the near term.

Swanson, T. (1997). Global Action for Biodiversity: An International Framework for Implementing the Convention on Biological Diversity. London, Earthscan, in association with IUCN.

The book highlights the gaps in the CBD remaining to be filled, offers explanations of the concepts involved, and provides a set of policy prescriptions intended to facilitate the development of institutions and obligations within the international community which will give real effect to the aspirations of the CBD.

Swanson, T. M. and R. Luxmoore (1998). Industrial Reliance on Biodiversity. Cambridge, World Conservation Press.

While the developed countries control most of the world’s financial resources, the developing world is home to most of its biological resources. This study provides an overview of the extent to which industry in the developed world relies on the biodiversity of the developing world. The first section of the report reviews the direct consumptive use, the largest components of which are fisheries and forestry. The remaining chapters examine two specific industrial inputs where biodiversity serves as an information source: the use of wild genetic resources in plant breeding and the use of substances derived from the wild in the pharmaceutical industry. In economic terms, these two uses have far outweighed the more conventional forms of direct use but this shows that we are still dependent to a large extent on the world’s biological riches.

Tansey, G. (1994). Free Access to Plant Genetic Resources Assured. Financial Times. London.

Reports that a new international agreement guaranteeing equitable access to plant genetic resources should be signed within a few months. The agreement would be between the FAO and the International Agricultural Research Centres.

Tansey, G. (1994). World Bank Accused of Attempting Raid on Gene Reserves. Financial Times. London: 28.

Describes the controversy surrounding the World Bank’s ‘attempted coup’ to take over control of the IARC genebanks. NGOs favour intergovernmental control of the germplasm.

Tansey, G. (1996). Plant Resources Plan Agreed to ‘Enhance World Food Security’. Financial Times. London.

Reports that the first Global Plan of Action to conserve and improve the use of plant genetic resources for food and agriculture was adopted by 150 governments at Leipzig. The article briefly describes the GPA.

Tansey, G. (1999). Trade, Intellectual Property, Food and Biodiversity: Key Issues and Options for the 1999 Review of Article 27.3(b) of the TRIPS Agreement. London, Quaker Peace and Service.

This paper draws on various perspectives presented in the literature on IPRs, food, farming, biodiversity, TRIPS and related agreements. It aims to highlight the policy questions for developing countries by TRIPS Article 27.3(b); examine the key ethical, economic, environment and social issues surrounding its provisions; and consider the possible contributions of overseas development assistance.

Tapper, R. and R. Steinbrecher (1995). Genetic Engineering -- Examples of Ecological Effects and Inherent Uncertainties. Gland, Switzerland, World Wide Fund for Nature.

Examination of genetic engineering from an environmentalist perspective that presents some of the uncertainties and possible dangers from the applications of the technology.

Tapper, R. (1995). Background Paper on the Need for a Biosafety Protocol as Part of the Convention on Biological Diversity. Gland, World Wide Fund for Nature.

Presents the WWF position on biosafety which explains why a biosafety protocol to the CBD is needed. The paper discusses GMO releases, risks, risk assessment, and socio-economic consequences, considers the question of whether biotechnology is compatible with sustainable agriculture, and explains what should be the scope and modalities covered by the proposed protocol.

Tarasofsky, R. G. (1995). The International Forests Regime: Legal and Policy Issues. Gland & Cambridge, IUCN & WWF.

Intergovernmental negotiations for a treaty on forests should be preceded by a firmer consensus on a whole range of issues and a thorough appraisal of the many international instruments relating to forests. The latter point is particularly important, since any new instruments on forests should not undermine the effectiveness of those already in place. This report contributes to such an appraisal.

Tarasofsky, R. (1997). “The Relationship Between the TRIPs Agreement and the Convention on Biological Diversity: Towards a Pragmatic Approach.” Review of European Community and International Environmental Law