ABSTRACT
As identified in the previous chapters, in some developing countries and countries rich in biological and cultural diversity there are national regulations with provisions on the rights of indigenous and local communities. In broader terms, these regulations are established as an expression of these countries’ commitment to fulfil their obligations under international law. In addition, countries establishing national regulations addressing community rights do so because they want to address the concerns of their communities and to protect national interests in respect of conservation and sustainable use of their resources. Generally speaking, issues such as the various benefits that the country might glean through regulated access to its biological resources and the associated knowledge held by its traditional and indigenous communities are at the core. This chapter examines the foundation of national biodiversity regulations
within international law, stressing in particular the 1992 CBD as the main international treaty which sets the basic international obligations for all parties in respect of biodiversity conservation, sustainable use of biological resources, benefit sharing and community rights. Furthermore, it discusses national approaches adopted by some of our study countries and others in addressing community rights at the domestic level.
