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Pushing the Boundaries of Global Recognition: Traditional Medicinal Knowledge, Recognition, and Regulation

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Abstract:

Traditional medicinal knowledge (TMK) has landed at the forefront of international discussions of global economic trade, access to healthcare, environmental sustainability and human rights. The recent attention garnered by traditional medicine in international legal discourse begs the question of why after so many years, the concept of TMK, long of interest primarily to anthropologists and ethnobotanists, has been pushed to the head of international legal and policy debates. The discourse of TMK in international law has been firmly embedded in a larger regime of neoliberalism and the hegemony of information capitalism meaning that currently to have TMK acknowledged means having it recognized vis-à-vis modernization, regulation and economic value. However, international legal frameworks are never securely bound and although they often work to contain areas of incompatibility, the increased recognition of TMK on an international level has meant the expansion of new spaces of articulation, negotiation, and resistance. As global legal and political institutions continue to grapple with ways to recognize and integrate TMK into their institutional neoliberal frameworks, indigenous peoples themselves are engaging in legal initiatives that exist outside the “conventional boundaries” of global legal institutions demanding recognition for the cultural value of TMK (which is not so easily incorporated into the existing legal frameworks). In doing so indigenous groups and other traditional communities are rearticulating the neoliberal legal forms of recognition to produce a multitude of alternative legal avenues that challenge the western hegemony of a single dominating legal order
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Name: The Law and Society Association
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MLA Citation:

Aylwin, Nicole. "Pushing the Boundaries of Global Recognition: Traditional Medicinal Knowledge, Recognition, and Regulation" Paper presented at the annual meeting of the The Law and Society Association, TBA, Berlin, Germany, Jul 25, 2007 <Not Available>. 2013-05-08 <http://citation.allacademic.com/meta/p177491_index.html>

APA Citation:

Aylwin, N. , 2007-07-25 "Pushing the Boundaries of Global Recognition: Traditional Medicinal Knowledge, Recognition, and Regulation" Paper presented at the annual meeting of the The Law and Society Association, TBA, Berlin, Germany <Not Available>. 2013-05-08 from http://citation.allacademic.com/meta/p177491_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: Traditional medicinal knowledge (TMK) has landed at the forefront of international discussions of global economic trade, access to healthcare, environmental sustainability and human rights. The recent attention garnered by traditional medicine in international legal discourse begs the question of why after so many years, the concept of TMK, long of interest primarily to anthropologists and ethnobotanists, has been pushed to the head of international legal and policy debates. The discourse of TMK in international law has been firmly embedded in a larger regime of neoliberalism and the hegemony of information capitalism meaning that currently to have TMK acknowledged means having it recognized vis-à-vis modernization, regulation and economic value. However, international legal frameworks are never securely bound and although they often work to contain areas of incompatibility, the increased recognition of TMK on an international level has meant the expansion of new spaces of articulation, negotiation, and resistance. As global legal and political institutions continue to grapple with ways to recognize and integrate TMK into their institutional neoliberal frameworks, indigenous peoples themselves are engaging in legal initiatives that exist outside the “conventional boundaries” of global legal institutions demanding recognition for the cultural value of TMK (which is not so easily incorporated into the existing legal frameworks). In doing so indigenous groups and other traditional communities are rearticulating the neoliberal legal forms of recognition to produce a multitude of alternative legal avenues that challenge the western hegemony of a single dominating legal order

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