Biopiracy and the right to self-determination of indigenous peoples.

BACKGROUND: Since over thirty years, I work on the unclear legal situation of in which indigenous peoples find themselves today in the beginning mainly in the USA and later also in Canada, Australia and New Zealand. The status of indigenous people and native nations is characterized as a mixture of national and international law. Hypothesis/Purpose: To clarify the status of indigenous people it is necessary to analyze and interpret carefully hundreds of old treaties, international declarations and covenants, national statutes and jurisprudence, especially the old leading decisions of the US-Supreme Court. Such an analysis and interpretation should prove that indigenous people have the defensive right of self determination. RESULTS: The study outlines the old decisions of the US-Supreme Court with its inherent contradictions which highly influenced the status of indigenous people in all other countries until now. It clarifies the important new developments in international law especially the non binding Declaration on the Rights of Indigenous Peoples and its effects on the interpretation of international and national law in regard to biopiracy. For this purpose it is necessary to use the methods of judgmental comparative law, historical and teleological interpretation. CONCLUSION: By expressly stating that indigenous peoples have a right to self-determination, the Declaration on the Rights of Indigenous Peoples of 2007 complements the protection stipulated in the Charter and the Covenants of 1966. Although the declaration itself is not legally binding as it is a resolution of the UN General Assembly, it can serve as a blueprint to show the rights that indigenous peoples can derive from international law as well as rights which should ideally be granted to them by the states even though they are not yet binding customary or treaty law. Self-determination means exactly that, it is up to the bearers of the right to decide how they want to utilize this right and then work together with the state in which they live in defining a joint framework.

A Global Estimate of Seafood Consumption by Coastal Indigenous Peoples.

Coastal Indigenous peoples rely on ocean resources and are highly vulnerable to ecosystem and economic change. Their challenges have been observed and recognized at local and regional scales, yet there are no global-scale analyses to inform international policies. We compile available data for over 1,900 coastal Indigenous communities around the world representing 27 million people across 87 countries. Based on available data at local and regional levels, we estimate a total global yearly seafood consumption of 2.1 million (1.5 million-2.8 million) metric tonnes by coastal Indigenous peoples, equal to around 2% of global yearly commercial fisheries catch. Results reflect the crucial role of seafood for these communities; on average, consumption per capita is 15 times higher than non-Indigenous country populations. These findings contribute to an urgently needed sense of scale to coastal Indigenous issues, and will hopefully prompt increased recognition and directed research regarding the marine knowledge and resource needs of Indigenous peoples. Marine resources are crucial to the continued existence of coastal Indigenous peoples, and their needs must be explicitly incorporated into management policies.

Health ownership in American indigenous communities.

INTRODUCTION: Although the Indian Health Service (IHS) has adequately stifled acute infectious diseases that once devastated American Indian and Alaska Native (AIAN) communities, this system of health provision has become obsolete in the face of chronically debilitating illnesses. Presently, AIAN communities suffer disproportionally from chronic diseases that demand adequate, long-term health maintenance such as hepatitis, renal failure, and diabetes to name a few. A number of research endeavors have sought to define this problem in the literature, but few have proposed adequate mechanisms to alleviate the disparity. The objective of this study was to examine the efficacy of both the Indian Health Service (IHS) and the relative few tribal healthcare systems (PL 93-638) respectively in their sociopolitical contexts, to determine their utility among a financially lame IHS. METHODS: Domestic and international indigenous health systems were compared through analysis of the current literature on community and indigenous health. Informal interviews were carried out with indigenous practitioners, community members, and political figures to determine how AIAN communities were receiving PL 93-638 programs. RESULTS: Although the IHS has adequately stifled the acute infectious diseases that once devastated AIAN communities, this system of health provision has become obsolete in the face of chronically debilitating illnesses. A number of research endeavors have sought to define this problem in the literature, but few have proposed adequate mechanisms to alleviate the disparity. International indigenous health systems are noted to have a greater component of community involvement in the successful administration of health services. CONCLUSION: Reinstating notions of ownership in multiple paradigms, along with novel approaches to empowerment is requisite to creating viable solutions to the unique health circumstances in Native America. This article demonstrates the importance and need of more qualitative data to better characterize how PL 93-638 healthcare delivery is actually experienced by AIAN patients.

Incorporating indigenous rights and environmental justice into fishery management: comparing policy challenges and potentials from Alaska and Hawai'i.

Colonial processes including the dispossession of indigenous lands and resources and the development of Western management institutions to govern the use of culturally important fish resources have served in many ways to marginalize indigenous interests within the United States fisheries. In recent years, several US fishery institutions have begun to develop policies that can confront this colonial legacy by better accommodating indigenous perspectives and rights in fishery management practices. This paper analyzes two such policies: the 2005 community quota entity program in Alaska which permits rural communities (predominantly Alaska Native villages) to purchase and lease commercial halibut fishing privileges and the 1994 State of Hawai'i community-based subsistence fishing area (CBSFA) legislation through which Native Hawaiian communities can designate marine space near their community as CBSFAs and collaborate with the state of Hawai'i to manage those areas according to traditional Hawaiian practices. The analysis reveals a striking similarity between the trajectories of these two policies. While they both offered significant potential for incorporating indigenous rights and environmental justice into state or federal fishery management, they have so far largely failed to do so. Environmental managers can gain insights from the challenges and potentials of these two policies. In order to introduce meaningful change, environmental policies that incorporate indigenous rights and environmental justice require a commitment of financial and institutional support from natural resource agencies, a commitment from indigenous groups and communities to organize and develop capacity, and careful consideration of contextual and cultural factors in the design of the policy framework.

"Just another hoop to jump through?" using environmental laws and processes to protect indigenous rights.

Protection of culturally important indigenous landscapes has become an increasingly important component of environmental management processes, for both companies and individuals striving to comply with environmental regulations, and for indigenous groups seeking stronger laws to support site protection and cultural/human rights. Given that indigenous stewardship of culturally important sites, species, and practices continues to be threatened or prohibited on lands out of indigenous ownership, this paper examines whether or not indigenous people can meaningfully apply mainstream environmental management laws and processes to achieve protection of traditional sites and associated stewardship activities. While environmental laws can provide a "back door" to protect traditional sites and practices, they are not made for this purpose, and, as such, require specific amendments to become more useful for indigenous practitioners. Acknowledging thoughtful critiques of the cultural incommensurability of environmental law with indigenous environmental stewardship of sacred sites, I interrogate the ability of four specific environmental laws and processes-the Uniform Conservation Easement Act; the National Environmental Policy Act and the California Environmental Quality Act; the Pacific Stewardship Council land divestiture process; and Senate Bill 18 (CA-2004)-to protect culturally important landscapes and practices. I offer suggestions for improving these laws and processes to make them more applicable to indigenous stewardship of traditional landscapes.

Sexual minorities, human rights and public health strategies in Africa.

Remarkable progress has been made towards the recognition of sexual minority rights in Africa. At the same time, a marked increase in attacks, rhetorical abuse, and restrictive legislation against sexual minorities or 'homosexuality' makes activism for sexual rights a risky endeavour in many African countries. Campaigns for sexual rights and 'coming out' are frequently perceived as a form of Western cultural imperialism, leading to an exportation of Western gay identities and provoking a patriotic defensiveness. Cultures of quiet acceptance of same-sex relationships or secretive bisexuality are meanwhile also problematic given the high rate of HIV prevalence on much of the continent. This article examines specific initiatives that are using subtle, somewhat covert means to negotiate a path between rights activism and secretive bisexuality. It argues that strategies primarily focused on health concerns that simultaneously yet discreetly promote sexual rights are having some success in challenging prevalent homophobic or 'silencing' cultures and discourses.

Fat, desire and disgust in the colonial imagination.

This article tracks the relatively unexamined ways in which ethnographic, travel and medical knowledge interrelated in the construction of fat stereotypes in the nineteenth century, often plotted along a temporal curve from 'primitive' corpulence to 'civilized' moderation. By showing how the complementary insights of medicine and ethnography circulated in beauty manuals, weight-loss guides and popular ethnographic books ­ all of which were aimed at middle-class readers and thus crystallize certain bourgeois attitudes of the time ­ it argues that the pronounced denigration of fat that emerged in Britain and France by the early twentieth century acquired some of its edge through this ongoing tendency to depict desire for and acceptance of fat as fundamentally 'savage' or 'uncivilized' traits. This tension between fat and 'civilization' was by no means univocal or stable. Rather, this analysis shows, a complex and wide-ranging series of similarities and differences, identifications and refusals can be traced between British and French perceptions of their own bodies and desires and the shortcomings they saw in foreign cultures. It sheds light as well on those aspects of their own societies that seemed 'primitive' in ways that bore an uncomfortable similarity to the colonial peoples they governed, demonstrating how a gendered, yet ultimately unstable, double standard was sustained for much of the nineteenth century. Finally it reveals a subtle and persistent racial subtext to the anti-fat discourses that would become more aggressive in the twentieth century and which are ubiquitous today.

Skin lighteners, Black consumers and Jewish entrepreneurs in South Africa.

This article considers the rise and decline of South Africa's lucrative and controversial skin-lighteners market through examination of the business history of the largest manufacturers, Abraham and Solomon Krok, and their evolving personas as millionaires and philanthropists. Such examination reveals how the country's skin-lighteners trade emerged as part of the broader growth of a black consumer market after the Second World War and how elements of that market became the target of anti-apartheid protests in subsequent decades. It also demonstrates how the Kroks' experiences as second-generation Jewish immigrants shaped their involvement in the trade and how, later, their self-identification as Jewish philanthropists informed their efforts to rehabilitate their reputations following South Africa's 1990 ban on all skin lighteners. Such efforts include the building of Johannesburg's highly acclaimed Apartheid Museum, modelled after the United States Holocaust Memorial Museum. This article explores the profound ironies that some South Africans see in the fact that a museum dedicated to commemorating those who suffered under and, ultimately, triumphed against state racism was financed by a family fortune generated through the sale of skin lighteners to black consumers.

A demographic explanation for the recent rise in European fertility.

Between 1998 and 2008 European countries experienced the first continent-wide increase in the period total fertility rate (TFR) since the 1960s. After discussing period and cohort influences on fertility trends, we examine the role of tempo distortions of period fertility and different methods for removing them. We highlight the usefulness of a new indicator: the tempo- and parity-adjusted total fertility rate (TFRp*). This variant of the adjusted total fertility rate proposed by Bongaarts and Feeney also controls for the parity composition of the female population and provides more stable values than the indicators proposed in the past. Finally, we estimate levels and trends in tempo and parity distribution distortions in selected countries in Europe. Our analysis of period and cohort fertility indicators in the Czech Republic, Netherlands, Spain, and Sweden shows that the new adjusted measure gives a remarkable fit with the completed fertility of women in prime childbearing years in a given period, which suggests that it provides an accurate adjustment for tempo and parity composition distortions. Using an expanded dataset for ten countries, we demonstrate that adjusted fertility as measured by TFRp* remained nearly stable since the late 1990s. This finding implies that the recent upturns in the period TFR in Europe are largely explained by a decline in the pace of fertility postponement. Other tempo-adjusted fertility indicators have not indicated such a large role for the diminishing tempo effect in these TFR upturns. As countries proceed through their postponement transitions, tempo effects will decline further and eventually disappear, thus putting continued upward pressure on period fertility. However, such an upward trend may be obscured for a few years by the effects of economic recession.

Instant noodles as an antifriction device: making the BOP with PPP in PNG.

Focusing primarily, but not exclusively, on urban and periurban Papua New Guinea (PNG), we discuss the significance of instant ramen noodles to those now known as the "bottom of the pyramid" (BOP). Although instant noodles are remarkable in that they are eaten by virtually everyone in the world, albeit in different amounts and for different reasons, they are marketed in PNG specifically as a "popularly positioned product" (PPP) for the BOP. Cheap, convenient, tasty, filling, and shelf stable, they are a modern addition to Sidney Mintz's classic "proletarian hunger killers" of sugar, tea, and coffee. But, we argue, instant noodles have a distinctive contemporary role: they do more than sustain the poor; they transform them into the aspiring consumers of the BOP. As such, instant noodles can be viewed as an antifriction device, greasing the skids of capitalism as it extends its reach.

Pathways to El Norte: origins, destinations, and characteristics of Mexican migrants to the United States.

The geography Mexican migration to the U.S. has experienced deep transformations in both its origin composition and the destinations chosen by migrants. To date, however, we know little about how shifting migrant origins and destinations may be linked to each another geographically and, ultimately, structurally as relatively similar brands of economic restructuring have been posited to drive the shifts in origins and destinations. In this paper, we describe how old and new migrant networks have combined to fuel the well-documented geographic expansion of Mexican migration. We use data from the 2006 Mexican National Survey of Population Dynamics, a nationally representative survey that for the first time collected information on U.S. state of destination for all household members who had been to the U.S. during the 5 years prior to the survey. We find that the growth in immigration to southern and eastern states is disproportionately fueled by undocumented migration from non-traditional origin regions located in Central and Southeastern Mexico and from rural areas in particular. We argue that economic restructuring in the U.S. and Mexico had profound consequences not only for the magnitude but also for the geography of Mexican migration, opening up new region-to-region flows.

Race and imprisonments: vigilante violence, minority threat, and racial politics.

The effects of lynchings on criminal justice outcomes have seldom been examined. Recent findings also are inconsistent about the effects of race on imprisonments. This study uses a pooled time-series design to assess lynching and racial threat effects on state imprisonments from 1972 to 2000. After controlling for Republican strength, conservatism, and other factors, lynch rates explain the growth in admission rates. The findings also show that increases in black residents produce subsequent expansions in imprisonments that likely are attributable to white reactions to this purported menace. But after the percentage of blacks reaches a substantial threshold­and the potential black vote becomes large enough to begin to reduce these harsh punishments­reductions in prison admissions occur. These results also confirm a political version of racial threat theory by indicating that increased Republican political strength produces additional imprisonments.

The plague under Commodus as an unintended consequence of Roman grain market regulation.

This paper begins with a review of Roman grain market policies. It is argued that policies such as forced sales and maximum prices made urban consumers hesitant to rely on the market for secure access to grain. Consequently, consumers hoarded grain in their homes. The hoarded grain formed a volatile fuel ready to be ignited by the arrival of the bubonic plague bacillus. This scenario fits events in the city of Rome under Commodus. Attested grain market interventions were followed by a severe epidemic, arguably bubonic plague, which decimated the city's population.

The "Quadroon-Plaçage" myth of antebellum New Orleans: Anglo-American (mis)interpretations of a French-Caribbean phenomenon.

The intimate relationships between white men and women of color in antebellum New Orleans, commonly known by the term plaçage, are a large part of the romanticized lore of the city and its history. This article exposes the common understanding of plaçage as myth. First, it reveals the source of the myth in a collection of accounts by travelers to the city in the decades leading up to the Civil War. Next, it uses a database of information on hundreds of white male-colored female relationships during the period to provide a more accurate account of the people in and nature of these relationships. Finally, it explains the purpose served by the myth by identifying three traditions that shaped its development: the culture of Southern Honor, the Anti-Slavery movement, and the bon-ton tradition of Georgian England. In a broader sense, this paper shows how myths are created and perpetuated, the temptations and dangers of uncritically accepting them, and the value to understanding their creation.

Tourism and the Hispanicization of race in Jim Crow Miami, 1945-1965.

This article examines how Miami's significant presence of Anglo Caribbean blacks and Spanish-speaking tourists critically influenced the evolution of race relations before and after the watershed 1959 Cuban Revolution. The convergence of people from the American South and North, the Caribbean, and Latin America created a border culture in a city where the influx of Bahamian blacks and Spanish-speakers, especially tourists, had begun to alter the racial landscape. To be sure, Miami had many parallels with other parts of the South in regard to how blackness was understood and enforced by whites during the first half of the twentieth century. However, I argue that the city's post-WWII meteoric tourist growth, along with its emergence as a burgeoning Pan-American metropolis, complicated the traditional southern black-white dichotomy. The purchasing power of Spanish-speaking visitors during the postwar era transformed a tourist economy that had traditionally catered to primarily wealthy white transplanted Northerners. This significant change to the city's tourist industry significantly influenced white civic leaders' decision to occasionally modify Jim Crow practices for Latin American vacationers. In effect, Miami's early Latinization had a profound impact on the established racial order as speaking Spanish became a form of currency that benefited Spanish-speaking tourists­even those of African descent. Paradoxically, this ostensibly peculiar racial climate aided the local struggle by highlighting the idiosyncrasies of Jim Crow while perpetuating the second-class status of native-born blacks.

The new "new racism" thesis: limited government values and race-conscious policy attitudes.

Some contend that Whites' application of values to form opinions about race-conscious policy may constitute a subtle form of racism. Others challenge the new racism thesis, suggesting that racism and values are exclusive in their influence. Proponents of the thesis assert that many Whites' attitudes about such policy are structured by a mix of racism and American individualism. The author suggests that an even more subtle form of racism may exist. Racism may actually be expressed in opposition to big government. The test results presented here indicate that the effects of limited-government values on attitudes about race-conscious policy are conditional on levels of racial prejudice for many Whites, whereas the effects on racially ambiguous social welfare policy attitudes are not. The author contends that these results provide support to the argument that racism still exists and has found a new subtle expression.

Environmentally influenced urbanisation: footprints bound for town?

Over the past 30 years, urbanisation has been a prominent phenomenon and various drivers have been proposed to explain it. Very few have suggested that the degradation of the rural environment was one of them. This paper explores the human­environment interface by focusing on the portrayal of these concepts within scholarly literature. A systematic literature review was conducted and 147 articles were examined to determine the direction of the link between the environment and human mobility, and if urbanisation was featured. The results demonstrate that equal attention is paid to both directions of the environment­mobility link. Of the articles reviewed, 40 per cent focus on urbanisation, but 93 per cent of those portray urbanisation as a forcing on the environment, rather than an impact of environmental degradation. The lack of support for environmentally influenced urbanisation can be explained by coupled system complexity, disciplinary research and the silence of those most likely to endure environmental change. Understanding these relationships is paramount to the promotion of adaptation without eroding resilience or further degrading environments.