ABSTRACT
Chapter 2 compares international standards for access and benefit-sharing with Indigenous communities for utilising traditional knowledge under the framework of the Convention on Biological Diversity and the supplementary Nagoya Protocol and Bonn Guidelines, which have shaped Australia’s regulatory measures, as detailed in Chapter 3. Relevant international human rights obligations are also analysed. The chapter presents a compelling analysis of the international concept of ‘fair and equitable’ in the context of Indigenous peoples’ participatory rights – particularly in the context of how that international standard is itself contested, and subject to being balanced against the needs of nation states and major parties for transactional certainty.
