The Growth and Development of Biocultural Rights Jurisprudence

Abstract

The international framework for the protection on the biocultural rights started in the post-world. The struggle for the protection of bio-cultural rights started against the colonial/imperial power in order to protect the land, territories and natural resources. The ‘salt water doctrine’ or the ‘blue water thesis’ were the major challenges for homogenous and indigenous peoples for claiming their traditional territories from the newly emerged States in the process of decolonisation. The rise and development of the international customary law is a significant development in the growth and protection of the biocultural rights of indigenous, tribal and local communities. The principles of natural justice voluntarily accepted in the intercourse trade of the nation states and the international customary law considered as the part of the domestic law by the rule of law-based countries played an important role in the recognition and protection of the biocultural rights of the indigenous and tribal communities.