Traditional Ecological Customary Law for Conservation and Sustainability in Biodiversity

Abstract

The Convention on Biological Diversity and the Nagoya Protocol have raised the issue of access and benefit sharing (ABS) and related traditional knowledge of genetic resources, particularly in the traditional knowledge conservation session. Additionally, the traditional customary law can play a significant impact. The author summarizes the concept, connotation, and nature of traditional ecological customary law, particularly that of genetic resources, and argues that it encompasses not only the common understanding of customary law for the conservation of plants and animals, but also the traditional knowledge necessary for effective classification, management, and promotion of genetic resources. Simultaneously, the author analyzes and discusses the rights recognized by traditional ecological customary law. Indigenous peoples and local communities should prioritize the establishment of their rights to genetic resources and related traditional knowledge, understand the fundamental principles of traditional ecological law and procedure, and enable them to be recognized and strengthened in international and national law, to ensure that common law and recognized rights are implemented in practice. Based on prospective progresses aforesaid, to boost the mainstreaming of traditional ecological customary law within the rule of law governing biodiversity conservation.