Annotated bibliography on

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20(5): 166/173.

Argues that sustainable logging is a myth and that is hoplessly dominated by the interests of the timber trade. Governments should not rely on ITTO to halt the destruction caused by logging.

Colchester, M. and L. Lohmann (1990). The Tropical Forestry Action Plan: What Progress. Penang, Malaysia / Sturminster Newton, England, World Rainforest Movement and The Ecologist.

The TFAP has been hailed as the solution to the deforestation crisis and substantial sums of money have been pledged by governments and international organisations. However, the TFAP has not involved consultations with NGOs or local communities. Instead it focuses unduly on commercial forestry and wood-based industries while failing to identify the real causes of deforestation. The WRM calls for a moratorium on funding for the TFAP.

Colchester, M. (1990). Guyanese Forest Peoples Denied of Land Rights. Penang, Third World Network.

Several Indian communities in Guyana have had their land rights denied, apparently because of discrimination against them and official desire to mine the land.

Colchester, M. (1990). Can Tropical Forests be Sustainably Logged? Penang, Third World Network.

Argues that sustainable logging is a myth.

Colchester, M. (1991). Indigenous Peoples’ Rights and Sustainable Resource Use in South and Southeast Asia. Penang, World Rainforest Movement.

Presents overview of the situation of indigenous peoples in South and South-East Asia.

Colchester, M. (1993). Who’s Who in Guyana’s Forests. Report Prepared for the Amerindian Peoples Association. Penang, World Rainforest Movement.

Highlights the crisis facing Guyana’s forests and their inhabitants and makes recommendations. At the centre of this crisis stands the country’s indigenous peoples, long marginalised and threatened by violent conflict with loggers, miners and ranchers.

Colchester, M. and L. Lohmann, Eds. (1993). The Struggle for Land and the Fate of the Forests. Penang, World Rainforest Movement

The Ecologist

Zed Books.

Deforestation is a result of structural inequalities within tropical countries and in their relations with the industrial north. Case studies demonstrate that land concentration, land speculation and landlessness are the main causes of improvident land use.

Colchester, M. (1994). Salvaging Nature: Indigenous Peoples, Protected Areas and Biodiversity Conservation. Geneva, UNRISD/WRM/WWF.

Conservation increasingly seeks to limit human activities in biodiversity-rich areas. Conflicts between indigenous peoples and conservation agencies have resulted, making protected areas unmanageable and inoperative. Conservation agencies need to be more accountable to indigenous peoples.

Colchester, M. (1994). “Towards Indigenous Intellectual Property Rights.” Seedling(December): 2-6.

In a world where free trade has become the official development buzzword, indigenous peoples face enormous pressures to commercialise their traditional resources and knowledge, now that genetic resources have become the new building blocks of biotechnology. How can they gain control over the conservation and use of these resources in a legal environment essentially hostil to their cosmovision? This paper addresses these issues.

Colchester, M. (1995). Forest Politics in Suriname. Utrecht, International Books.

The indigenous peoples and Maroon communities are exclude from political power in Suriname. Meanwhile, the governmnet is selling off the country’s minerals and forests to foreign companies. Uncontrolled logging is undermining peoples’ lives and bringing ruin to the forets. This report recommends an alternative development path based on securing community rights to their forests.

Colchester, M. and F. with Watson (1995). Venezuela: Violations of Indigenous Rights. Report to the International Labour Office on the Observation of ILO Convention 107. Chadlington, World Rainforest Movement.

Venezuela is a signatory to the ILO Convention 107 on Tribal and Indigenous Populations. However, as this report shows, efforts to give this law effect have been minimal. Especialy in the last few years, indigenous peoples have experienced a sharp increase in pressure on their lands by State-directed (and illegal) mining, logging, infra-structural developments and, most recently, ecotourism ventures. However, government legislation notwithstanding, the authorities have done little or nothing to protect indigenous interests.

Colchester, M. (1995). Biodiversity Conservation and Indigenous Peoples: Competing Approaches. E. D. Indigenous Peoples. Zurich.

Conservation, which has emerged as a powerful global force dominated by Northern technical institutions, increasingly seeks to limit human activities in biodiversity-rich countries, especially in the South. New areas of conflict are now emerging over the assertion of IPRs over indigenous knowledge and biotechnologies, including indigenous peoples’ own genes. Conservation agencies must become more accountable to indigenous peoples.

Colchester, M. (1995). Some Dilemmas in Asserting ‘Indigenous Intellectual Property Rights’. Indigenous Affairs: 5-7.

Argues against the overhasty application of western conceptions of property to indigenous commons systems, but suggests a number of legal options.

Colchester, M. (1996). Indigenous Peoples’ Responses to Bioprospecting. The Life Industry. M. Baumann, J. Bell, F. Koechlin and M. Pimbert. London, Intermediate Technology Publications Ltd.: 114-119.

Indigenous peoples face an intensifying challenge to the integrity of their societies. There is increasing pressure from outsiders to document, utilise and commercialise biodiversity and related indigenous knowledge. Some of this exploitation is being justified in the name of the conservation of indigenous culture and also in the wider interests of humankind. Indigenous peoples are now seeking new means of asserting their rights over knowledge and biotechnologies as part of a parcel of demands for the right to self-determination.

Colchester, M. (1997). Salvaging Nature: Indigenous Peoples and Protected Areas. Social Change and Conservation. K. B. Ghimre and M. P. Pimbert. London, UNRISD and Earthscan Publications: 97-130.

Conservation increasingly seeks to limit human activities in biodiversity-rich areas. Conflicts between indigenous peoples and conservation agencies have resulted, making protected areas unmanageable and inoperative. Conservation agencies need to be more accountable to indigenous peoples.

Cole, N. H. A. (1994). Conserving Africa’s Biodiversity: Issues, Impacts & Priorities. Widening Perspectives on Biodiversity. A. F. Krattiger, J. A. McNeely, W. H. Lesseret al. Gland & Geneva, IUCN & IAE: 55-63.

Identifies common issues which African countries must tackle in order to develop national strategies for sustainable exploitation of their varied biodiversity.

Coleman, P. (1997). “U.S. Trade in Intangible Intellectual Property: Royalties and Licensing Fees.” Industry, Trade, and Technology Review (U.S. International Trade Commission)(April): 23-37.

In addition to the growing emphasis on worldwide protection of IPRs, trade in intellectual property generates intense interest in the United States and abroad, in part because leading experts content that net exports of intellectual property reflect national competitiveness, especially in advanced-technology industries. This article examines the principle components of trade in intangible intellectual property, identifies underlying patterns, and discusses trade barriers in principle export markets. One of the finidngs revealed by this article is that in 1995, the US exported intangible intellectual property valued at nearly $27 billion, and imported intellectual property valued at $6.3 billion, resulting in a trade surplus of $20.6 billion.

Colfer, C. J. P. w., N. Peluso, et al. (1997). Beyond Slash and Burn: Building on Indigenous Management of Borneo’s Tropical Rain Forests. New York, New York Botanical Garden.

What is the world giving up when tropical rainforests are destroyed? The author ponders this question from the view of the Uma’ Jalan Kenyah, an indigenous people of eastern Borneo, by taking a look at the complex management sytems they have developed for tropical forests. This monograph shows the many uses the Kenyah make of the various stages of forest regrowth, the under-recognised benefits gained from the forest, and the forest’s value beyond that which is attached to it by outsiders. The book’s final chapter offers recommendations on how the Uma Jalan Kenyah system might be adapted to help in the conservation of tropical rainforests and the continued subsistence of traditional rain forest communities. Twelve appendices, including sections on food plants, home garden plants and their value, timber-use trees, and medicinal plants complete this volume.

Commandeur, P. (1994). Patents, Genes and Butterflies. Biotechnology and Development Monitor: 3-4.

Summary report on the WWF/SWISSAID symposium: ‘Patents, Genes and Butterflies: Are Plants and Indians Becoming Raw Materials for the Gene Industry?’ Opinion leaders from the North and South debated uses and abuses of biodiversity in Bern, Switzerland in October 1994.

Commonwealth of Australia Attorney-General’s Department (1994). Stopping the Rip-Offs: Intellectual Property Protection for Aboriginal and Torres Strait Islander Peoples. Issues Paper. Barton, Commonwealth of Australia.

Overview of present law and its limitations in protection for Aboriginal art and culture, with options for addressing the limitations in the present protection.

Congressional Staff Forum on International Development (1989). The Debate over Intellectual Property: Whose Rights? Washington DC, Overseas Development Council.

Presents various attitudes to IPRs from the USA and Third World governments.

Conservation Advisory Services (1993). Conservation with People. Gland, World Wide Fund for Nature.

Provides a wealth of case studies from around the world of effective WWF-supported conservation initiatives including the participation of local communities.

Consultative Group on International Agricultural Research (1992). CGIAR Working Document on Genetic Resources and Intellectual Property. Washington DC, CGIAR.

Reiterates the commitment of the CGIAR to the conservation and use of genetic resources, and to the dissemination of its discoveries and products to the developing world.

Conte, L. (1994). Testimony of Lise Conte, President and CEO of Shaman Pharmaceuticals, Inc. Before the Senate Foreign Relations Committee Hearing on the Convention on Biological Diversity, Presented on behalf of Biotechnology Industry Organization.

Conte testifies in support of the US government ratifying the CBD, based in part on the government’s Interpretive Statement.

Conte, L. m. (1996). “Discussions.” Journal of Ethnopharmacology 51: 255-78.

bioprospecting, IPRs, pharmaceuticals

Conte, L. A. (1996). Shaman Pharmaceuticals’ Approach to Drug Development. Medicinal Resources of the Tropical Forest: Biodiversity and Its Importance to Human Health. M. J. Balick, E. Elisabetsky and S. A. Laird. New York, Columbia University Press: 94-100.

Both medical plant knowledge systems and tropical forest ecosystems are being erased at an unprecedented and unacceptable rate. Author explains the work of Shaman Pharmaceuticals in this context.

Coombe, R. J. (1993). Occupying the Colonial Imagination / Preoccupations of Postcolonial Politics: Towards a Critical History of Intellectual Property. March 8th-12th. C. A. C. A. P. a. P. o. I. P. i. t. P.-C. Era. Bellagio, Italy.

A recent debate in Canada involved the morality of appropriating the insights of indigenous peoples by non-indigenous writers. This was either characterised as theft of indigenous cultures’ property or its denial was seen as a form of censorship. Arguments on both sides were clothed in the discourse of romantic authorship. Instead, the debate should have started from acceptance of the social, economic and political context in which indigenous peoples have been placed.

Coombe, R. J. (1998). The Cultural Life of Intellectual Properties: Authorship, Appropriation, and the Law. Durham and London, Duke University Press.

Author brings an ethnographic approach to an analysis of authorship and the role of law in shaping commercial culture, making a case for redefining the political in commodified cultural environments.

Coombe, R. J. (1998). “Intellectual Property, Human Rights and Sovereignty: New Dilemmas in International Law Posed by the Recognition of Indigenous Knowledge and the Conservation of Biodiversity.” Indiana Journal of Global Legal Studies 6(1): 59-115.

The author situates intellectual property in the human rights framework and considers some of the challenges that full recognition of intellectual property as a human right would pose. Conflicts over the meaning and location of culture create fundamental ambiguities with respect to the scope of IPR protections. The author examines recent controversies over the use of IPRs to protect traditional knowledge and as a means to implement provisions of the CBD to illustrate the point and demonstrate the limitations of traditional understandings of sovereignty. The recognition of IPRs as human rights entails a renewed concern for social justice issues in an era of so-called global harmonisation of intellectual property protections that further challenges our considerations of sovereignty.

Coombes, O. T. (1995). “A Century of Rain Forest Use in Western Amazonia: Lessons for Extraction-Based Conservation of Tropical Forest Resources.” Forest and Conservation History 39(3): 108-120.

Adopts historical approach to evaluate use of traditional extractive systems as more appropriate models for the conservation of biotic and cultural diversity.

Cooper, D. (1991). Genes for Sustainable Development. Biodiversity: Social and Ecological Perspectives. V. Shiva, P. Anderson, H. Schukinget al. London, UK and New Jersey, USA / Penang, Malaysia, Zed Books Ltd. / World Rainforest Movement.

Discusses negotiation for the CBD predicting the likely ‘bones of contention’. A successful treaty must guarantee access to genetic resources, provide compensation for developing countries, including farmers, and make new technologies available to developing countries. Conservation funding would have to be mandatory. Technology transfers must be relevant and integrated into local research systems. Local knowledge should be promoted.

Cooper, D., R. with Vellve, et al., Eds. (1992). Growing Diversity: Genetic Resources and Food Security. London, Intermediate Technology Publications.

Activists present their experiences of managing plant genetic resources. The contributors document the achievements of farmers in developing crop varieties tailored to their needs, and demonstrate how these approached can be built upon.

Cooper, D. (1993). “The International Undertaking on Plant Genetic Resources.” Review of European Community and International Environmental Law 2(2): 158-166.

Discussion of the 1983 FAO agreement and subsequent developments including the CBD. Also considers farmers’ rights and common heritage concepts. Argues that strengthened IPR legislation makes exchange of genetic resources more equitable.

Cooper, D., J. Engels, et al. (1994). A Multilateral System for Plant Genetic Resources: Imperatives, Achievements and Challenges. Rome, International Plant Genetic Resources Institute.

Better use of plant genetic resources is critical to meeting the challenges of increasing food production and of alleviating poverty. All countries depend on plant genetic resources originating beyond their borders, which means that international cooperation is essential to secure continued access to these resources. International agreements are also necessary to guarantee their conservation. Both aims can be achieved only if there is an effective mechanism for sharing benefits with the countries that maintain these resources. This paper concludes that a multilateral system, within the framework of the CBD, is required to guarantee these objectives.

Cooper, N. S. and R. C. J. Carling, Eds. (1996). Ecologists and Ethical Judgements. London, Chapman and Hall.

Collection of papers by interdisciplinary team of ecologists, nature conservationists and environmental philosophers that seeks to make the connection between theoretical approaches to the valuation of the natural world and how these work in practice.

Coordinadora de las Organizaciones Indigenas de la Cuenca Amazonica (COICA) (1991). COICA’s Proposals Before the 3rd Gathering of the Preparatory Committee on UNCED. Geneva.

COICA’s proposals to UNCED regarding land resources, biodiversity and biotechnology, forests, legislation, institutions and resources.

Coordinadora de las Organizaciones Indigenas de la Cuenca Amazonica (COICA) (n.d.). To the Community of Concerned Environmentalists. Lima, COICA.

Expressions the concerns, demands and proposals of an international federation of indigenous peoples’ organisations towards the environmental movement.

Corner House, T. (1997). No Patents on Life! A Briefing on the Proposed EU Directive on the Legal Protection of Biotechnological Inventions. Sturminster Newton, UK, The Corner House.

Condemnation of ‘patenting life’, which rebuts the argument that without patents fewer health care products will become available. Moreover, the paper argues that life patents hinder research, restrict the research agenda, restrict competition, exploit public-funded research, restrict access to treatment, enable companies to capture markets at the expense of jobs, and legalise biopiracy.

Cornish, W. R. (1993). “The International Relations of Intellectual Property.” Cambridge Law Journal 52(1): 46-63.

Reviews the international relations of IPRs from the 19th century to the Uruguay Round GATT negotiations, and argues that IPRs should be no more than a corrective for those cases where the introduction of novel goods and services would be unduly impeded without the special incentive of an exclusive IPR right.

Correa, C. M. (1992). “Biological Resources and Intellectual Property Rights.” European Intellectual Property Review 14(5): 154-157.

Describes the emerging international IPR regime concerning genetic resources, with particular emphasis on Farmers’ Rights, patents and the UPOV Convention. The author considers the implications of these for developing countries and the possible options.

Correa, C. M. (1994). Sovereign and Property Rights over Plant Genetic Resources. Rome, Food and Agriculture Organization.

Deals with the concept of sovereign rights and its application to plant genetic resources, particularly in the context of the IUPGR and the CBD; analyses the applicability and extent of IPRs over plant genetic resources; and discusses the so-called ‘informal’ innovations and the implementation of farmers’ rights at the national and international level.

Correa, C. M. (1996). Intellectual Property Rights and Agriculture: Strategies and Policies for Developing Countries. Intellectual Property Rights and Agriculture in Developing Countries. J. Van Wijk and W. Jaffe. Amsterdam, University of Amsterdam: 100-113.

The paper deals first with the different IPRs that are relevant to agriculture. Second, it considers the relevance of such rights. It is suggested that the ‘technological distance’ and varying degrees of ‘technical protection’ explain to a great extent differences in the relative importance of IPRs in agriculture. Thirdly, the system of plant genetic resources is briefly described. The tension between conservation goals and the diffusion of modern varieties is addressed. Finally, the paper considers the requirements and difficulties in developing special IPRs to protect traditional varieties.

Correa, C. M. (1997). “Implementation of the TRIPs Agreement in Latin America and the Caribbean.” European Intellectual Property Review 19(8): 435-443.

This article describes, first, the framework for implementation of the TRIPS Agreement and some aspects relating to the incorporation of the Agreement’s provisions into national laws.It further discusses interpretation and instrumental problems that have arisen, and some of the problems faced by developing countries in the process of implementation. The main changes introduced in Latin American and Caribbean countries to implement the TRIPS Agreement are then briefly analysed, followed by the main conclusion.

Correa, C. M. and A. A. Yusuf, Eds. (1998). Intellectual Property and International Trade: The TRIPs Agreement. London, The Hague and Boston, Kluwer Law International.

TRIPS is the most far-reaching and comprehensive legal regime ever concluded at the multilateral level in the are of IPRs. In ten chapters, this work offers a framework for understanding the background, principles and complex provisions of the Agreement, it highlights the context in which it was elaborated and adopted, and the manner in which it is to be interpreted and applied. The book further analyses the new standards established under TRIPS. Finally, the work aims to stimulate further discussions and analysis in this area of growing importance to international law and international economic relations, particularly in respect of the possibilities offered by TRIPS, the legislative latitudes it leaves its Member States and the loose ends that may need to be addressed at national or international level in the future.

Correa, C. M. (2000). Intellectual Property Rights, the WTO and Developing Countries: The TRIPS Agreement and Policy Options. London, New York, Penang, Zed Books and Third World Network.

The author explores the TRIPS Agreement’s implications for developing countries. These relate to the future of R & D, their access to advanced technology, commercial exploitation of their natural resources and the welfare effects. He focuses on information technologies, integrated circuits and digital information, and also the conservation and sustainable use of genetic resources for food and agriculture. Correa also indicates some TRIPS-compatible policy options.

Corry, S. (1993). ‘Harvest Moonshine’ Taking you for a Ride. London, Survival International.

Critique of the rainforest harvest theory and practice as practised by Cultural Survival and The Body Shop. It is argued that these organisations make exaggerated claims about their trading practices with indigenous peoples and deflect people’s concerns from what is most important: human rights.

Cosbey, A. (1996). The Sustainable Development Effects of the WTO TRIPS Agreement: A Focus on Developing Countries. Winnipeg, International Institute for Sustainable Development.

This paper examines the TRIPS Agreement and analyses those areas in which the Agreement will impact on sustainable development in developing countries such as Pakistan. Sustainable development, throughout the paper, embraces the fundamentally interrelated concerns of environment, development and economy. After brief introductions to the Agreement itself, and to the concept of IPRs, the paper examines the possible effects of the Agreement, focusing on agriculture, manufacturing and copyrighted goods. It ends by proposing a number of policy actions which might contribute to sustainable development in the context of the Agreement, and suggesting ways to interpret provisions to developing countries’ advantage.

Costa e Silva, E. d. (1995). “The Protection of Intellectual Property for Local and Indigenous Communities.” European Intellectual Property Review 17(11): 546-549.

Presents and analyses recent legislative processes in Latin America relevant to the intellectual property rights of indigenous peoples. These processes are concerned with national and regional implementation of GATT-TRIPS in conformity with the requirements of the CBD vis a vis indigenous peoples.

Costa e Silva, E. d. (1996). Biodiversity-Related Aspects of Intellectual Property Rights. Tokyo, United Nations University.

Reviews legal developments internationally and in Brazil relating to biodiversity conservation and IPRs. One of the greatest challenges the international community faces is to determine a balance between the common interests of biodiversity conservation and the private interest related to the activities of industries which use biodiversity resources as a main source of materials. This balance is hard to achieve. An IPR framework must consider the particular characteristics of access to genetic resources, technology transfer agreements, biotechnology and the protection of traditional knowledge and practices.

Cottier, T. (1997). The Protection of Genetic Resources and Traditional Knowledge in International Law: Past, Present and Future. 11-14 January 1997. I. C. o. C. a. I. a. Grassroots. Ahmedabad, India, Centre for Management in Agriculture, Indian Institute of Management,.

Explores the possibility of creating a new intellectual property right to protect traditional knowledge, which the author refers to as Traditional Intellectual Property Rights.

Counsell, S. and T. Rice, Eds. (1992). The Rain Forest Harvest: Sustainable Strategies for Saving the Tropical Forests? London, Friends of the Earth.

Proceedings of an international conference on the so-called ‘rainforest harvest’ organised by the Tropical Rainforest Campaign of Friends of the Earth. The conference brought together scientists, academics and representatives from the private sector, environmental NGOs and grassroots organisations to exchange ideas on the development of strategies for environmentally sustainable use of tropical forests and their resources.

Cox, P. A. and T. Elmqvist (1991). “Indigenous Control of Tropical Rainforest Reserves: An Alternative Strategy for Conservation.” Ambio
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