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Appears in Collections:Law and Philosophy Journal Articles
Peer Review Status: Refereed
Title: Traditional knowledge and climate change: a new legal frontier?
Author(s): Savaresi, Annalisa
Keywords: traditional knowledge
climate change law
Paris Agreement
internationalenvironmental law
human rights
Issue Date: Mar-2018
Date Deposited: 27-Mar-2018
Citation: Savaresi A (2018) Traditional knowledge and climate change: a new legal frontier?. Journal of Human Rights and the Environment, 9 (1), pp. 32-50.
Abstract: The Paris Agreement is the first climate treaty to include a reference to traditional knowledge, opening up a new legal frontier to address this complex subject in international law. Traditional knowledge has already been the subject of considerable regulatory developments in international environmental and human rights instruments. This article reflects on how these bodies of law treat traditional knowledge, with the objective of understanding what are the gaps that could and should be addressed in the context of the climate regime. The article is divided into four parts. The introduction outlines the article's structure and methodology. Section 2 provides a definition of traditional knowledge and identifies the international law questions it raises. Section 3 analyses existing international obligations on traditional knowledge in environmental and human rights law. Section 4 considers the interplay between the climate regime and the bodies of international law analysed in Section 3. The conclusion offers some recommendations on the treatment of traditional knowledge in the climate regime.
DOI Link: 10.4337/jhre.2018.01.02
Rights: This item has been embargoed for a period. During the embargo please use the Request a Copy feature at the foot of the Repository record to request a copy directly from the author. You can only request a copy if you wish to use this work for your own research or private study. © Savaresi, 2018. The definitive peer reviewed and edited version of this article is published in Journal of Human Rights and the Environment, Volume 9, Issue 1, pp. 32-50:

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