Abstract

With increased participation of non-state actors in global governance, the inclusion of vulnerable groups in making sustainability regulations remains a relevant challenge requiring more research. Based on an ethnographic study on creating the Nagoya Protocol on Access and Benefit-Sharing of biological resources and knowledge, we advance a new multi-dimensional view of inclusion that integrates sustained access, involvement, and influence in the intergovernmental negotiation meetings. We elaborate the concept of decisive spaces, that is, less accessible settings where diverse actors interact in a deliberative way to co-produce recommendations and solutions to an issue that highly influence the regulatory and governance decisions. We argue that the inclusion of vulnerable actors depends on their continuous access to and involvement in these decisive spaces for creating and implementing transnational regulations. Our findings advance the understanding of inclusion for addressing challenges facing transnational governance of environmental, equity, and social justice issues.

Highlights

  • Negotiations of global regulatory processes shifted from being exclusive to states to increasing the participation of non-state actors (NSAs) in issues at the intersection of human rights, social justice, and the protection of the environment [1,2,3,4,5,6]

  • The UN regulatory context having been an important forum for the claims of Indigenous peoples in global environmental governance [54], we examine their inclusion in the Convention on Biological Diversity (CBD)

  • Our findings reveal differences between the two cases, with more inclusion of Indigenous people shown in the compliance rather than the platform issue

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Summary

Introduction

Negotiations of global regulatory processes shifted from being exclusive to states to increasing the participation of non-state actors (NSAs) in issues at the intersection of human rights, social justice, and the protection of the environment [1,2,3,4,5,6]. Studies indicate continued exclusion from decision-making [12,13,14,15,16], and low impact on the process and the outcomes [9,17,18], despite the significant participation of key stakeholders in transnational regulation-making. These stakeholders bear unevenly the negative effects of decisions in these fora, reinforcing inequalities in the local and global governance of environmental resources [14,16]

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