ABSTRACT
Chapter 4 responds to challenges in implementing the Nagoya Protocol at the domestic level with obtaining consent or approval. This is attributable to uncertainty in identifying Indigenous people and communities, and the need for legally definitive agreements for compliance. By analysing the literature, this chapter demonstrates the diversity of Aboriginal and Torres Strait Islander people and their communities, and the role of different legal governance structures used to facilitate decision-making, including for consent and the negotiation of mutually agreed terms. A range of governance principles, elements of governance, and governance guidelines are identified from the literature that apply to different contexts and for different purposes. Out of this body of research, six governance criteria provide a framework for analysing and comparing the roles and functions of different incorporated organisations as case studies in Chapter 5 and Chapter 6. The evaluation is focused on analysing the agility of existing organisations to facilitate decision-making related to the potential utilisation of traditional knowledge and benefit-sharing under the framework of the Nagoya Protocol as ‘competent authorities’.
