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dc.contributor.advisorAnaya, Steven James
dc.contributor.authorSchneider, Tobias R.
dc.creatorSchneider, Tobias R.
dc.date.accessioned2019-01-11T21:03:27Z
dc.date.available2019-01-11T21:03:27Z
dc.date.issued2009-05
dc.identifier.urihttp://hdl.handle.net/10150/631493
dc.description.abstractThis dissertation investigates the use of established international human rights law in the protection of traditional knowledge. Traditional knowledge is not only deeply embedded in indigenous culture and beliefs, but it is essential to the fabric of indigenous society. However, because of inadequacies in existing Western intellectual property jurisprudence, the current framework of international intellectual property law is insufficient to provide indigenous communities with the safeguards necessary to protect the integrity of their traditional knowledge. Accordingly, a new approach to indigenous intellectual property rights is required, and in my dissertation, I demonstrate how the existing body of international human rights law provides an appropriate mechanism for the protection of traditional knowledge. Indeed, the past decade has seen an increased interest in the protection of indigenous rights and accordingly international institutions and judicial bodies have reinterpreted current human rights law and applied it to situations particular to indigenous peoples. As such, the InterAmerican Court of Human Rights has held that the right to property in international law also applies to indigenous peoples, both individually and collectively. Similarly, the Committee for the Elimination of All Forms of Discrimination has held that the lack of consideration for indigenous customary legal systems is discriminatory and against international law and established jurisprudence. Accordingly, the proposed legal framework for this protection is based on the right of selfdetermination and the principle of non-discrimination, as well as existing law specifically protecting indigenous knowledge. I further argue that the application of human rights law to the protection of traditional knowledge is consistent with the expansion in scope of human rights jurisprudence over the past decade.en_US
dc.language.isoen_USen_US
dc.publisherThe University of Arizona.en_US
dc.rightsCopyright © is held by the author. Digital access to this material is made possible by the James E. Rogers College of Law and the University Libraries, University of Arizona. Further transmission, reproduction, presentation (such as public display or performance) of protected items is prohibited except with permission of the author.en_US
dc.subjectIndigenous peoples -- Legal status, laws, etc.en_US
dc.subjectIndigenous peoples (International law)en_US
dc.subjectCultural property -- Protection -- Law and legislationen_US
dc.subjectIntellectual property (International law)en_US
dc.subjectTraditional ecological knowledgeen_US
dc.subjectHuman rightsen_US
dc.titleA Human Rights Paradigm for Indigenous Intellectual Propertyen_US
dc.typetexten_US
dc.typeDissertation-Reproduction (electronic)en_US
thesis.degree.grantorUniversity of Arizona James E. Rogers College of Lawen_US
thesis.degree.leveldoctoralen_US
thesis.degree.disciplineIndigenous Peoples Law and Policy Programen_US
thesis.degree.nameS.J.D.en_US
dc.description.noteDigitized from a Special Collections copy at the Daniel F. Cracchiolo Law Library, James E. Rogers College of Law, The University of Arizona.en_US
dc.description.collectioninformationThis item is part of the IPLP Dissertations collection. For more information about the collection or the program, please contact Justin Boro, UA College of Law, justinboro1986@email.arizona.edu.
dc.identifier.callnumberLaw Special Collections CRG 14:1:5 2009 S36
refterms.dateFOA2018-10-30T00:00:00Z


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