JOURNAL ARTICLE
From 'ILCs' to 'IPLCs': A Victory for Indigenous Peoples' Rights Advocacy Under the Convention on Biological Diversity?
Published In: Journal of Environmental Law, 2023, v. 35, n. 2. P. 275 1 of 3
Database: Environment Complete 2 of 3
Authored By: Zheng, Xiaoou 3 of 3
Abstract
This article examines the terminological shift from "Indigenous and local communities" (ILCs) to "Indigenous Peoples and local communities" (IPLCs) within the 1992 Convention on Biological Diversity (CBD) framework and its legal implications. While the inclusion of "Indigenous Peoples" reflects international human rights developments and Indigenous advocacy, the 2014 CBD Conference of the Parties (COP) decision imposed strict legal restrictions to prevent this change from altering the treaty’s original rights and obligations, effectively limiting its substantive impact. The analysis highlights a compromise between state parties and Indigenous representatives, revealing ongoing tensions in recognizing Indigenous Peoples’ distinct rights under international environmental and human rights law. It also discusses the complexities of treaty interpretation under the Vienna Convention on the Law of Treaties, suggesting that despite restrictive measures, evolving human rights norms may influence future interpretations of the CBD.
Additional Information
- Source:Journal of Environmental Law. 2023/07, Vol. 35, Issue 2, p275
- Document Type:Article
- Subject Area:Science
- Publication Date:2023
- ISSN:0952-8873
- DOI:10.1093/jel/eqad009
- Accession Number:164690239
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