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Indigenous Ecological Knowledge and the Law – Uncovering Its Modernity

Year: 2026
Type: book-chapter
Abstract: Tribal ecological knowledge is gaining recognition in environmental law, particularly through the lens of “traditional knowledge.” Two legal approaches have emerged: one within biodiversity conservation, acknowledging indigenous and local communities’ sustainable practices, and another within intellectual property law, addressing “biopiracy.” The latter, culminating in the World Intellectual Property Organization’s 2024 treaty, inadequately treats traditional knowledge as inferior to modern innovations. Meanwhile, emerging discourses such as Harmony with Nature and rights of nature challenge conventional notions of development, highlighting how modern, technology-driven growth has fuelled environmental crises. These perspectives reframe traditional knowledge as a modern, vital contribution to ecological sustainability. Legal frameworks grounded in indigenous ecological knowledge are influencing global policies that prioritise nature itself. Recognising tribal ecological knowledge as modern allows a critical re-evaluation of technology, development, and intellectual property. Broader, culturally grounded policy approaches are essential to addressing climate and planetary crises, ensuring traditional knowledge informs sustainable futures rather than being sidelined by dominant legal systems.
Language: English
Subfield: Law
Open Access status: green
OpenAlex ID: W7204694667
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