From disconnection to coherence: Reframing Indigenous knowledge in the Asia‐Pacific

Abstract Achieving a balanced approach to sustainability in the Asia‐Pacific requires the effective protection, preservation and equitable use of traditional knowledge. Despite recognised contributions to biodiversity conservation and climate adaptation, Indigenous worldviews and knowledge systems remain structurally excluded from statutory regimes. Fragmentation between intellectual property law, environmental regulation and Indigenous governance inhibits holistic protection, impeding broader ecologically and culturally sustainable outcomes. The article examines this legal disjuncture through a jurisdictional comparison of disconnection and coherence, with Australia and Vanuatu illustrating opposite ends of a regional governance spectrum. Australia's Patents Act 1990 (Cth) and Environment Protection and Biodiversity Conservation Act 1999 (Cth) fail to protect First Nations knowledge or respect Indigenous epistemologies. In contrast, Pacific Island nations represent a regional bright spot. Vanuatu has developed inclusive, culturally grounded frameworks that embed customary law, Indigenous consent and benefit‐sharing to protect Ni‐Vanuatu knowledge. Drawing on international and regional instruments, including the recent Kunming‐Montreal Global Biodiversity Framework and World Intellectual Property Organisation Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge, the article identifies emerging normative standards and persistent structural limitations. Comparative insights from Australia and Vanuatu support a reform agenda relevant to other settler‐colonial and postcolonial contexts in the Asia‐Pacific. Sustainability‐aligned governance requires shifting from extractive, state‐centric models to relational, pluralistic legal architectures. This includes harmonising intellectual property and environmental law, formally recognising customary systems and embedding Indigenous authority as a foundational pillar.

Authors

Institutions

Publication Details

Journal
Review of European Comparative & International Environmental Law
Published
2026-03-28
DOI
https://doi.org/10.1111/reel.70044
Primary Topic
Indigenous Peoples' Rights and Law
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

From disconnection to coherence: Reframing Indigenous knowledge in the Asia‐Pacific

Shawkat Alam, Amy Scott
Review of European Comparative & International Environmental Law
Indigenous Peoples' Rights and Law
article

From disconnection to coherence: Reframing Indigenous knowledge in the Asia‐Pacific

Shawkat Alam, Amy Scott
article en

Abstract

Abstract Achieving a balanced approach to sustainability in the Asia‐Pacific requires the effective protection, preservation and equitable use of traditional knowledge. Despite recognised contributions to biodiversity conservation and climate adaptation, Indigenous worldviews and knowledge systems remain structurally excluded from statutory regimes. Fragmentation between intellectual property law, environmental regulation and Indigenous governance inhibits holistic protection, impeding broader ecologically and culturally sustainable outcomes. The article examines this legal disjuncture through a jurisdictional comparison of disconnection and coherence, with Australia and Vanuatu illustrating opposite ends of a regional governance spectrum. Australia's Patents Act 1990 (Cth) and Environment Protection and Biodiversity Conservation Act 1999 (Cth) fail to protect First Nations knowledge or respect Indigenous epistemologies. In contrast, Pacific Island nations represent a regional bright spot. Vanuatu has developed inclusive, culturally grounded frameworks that embed customary law, Indigenous consent and benefit‐sharing to protect Ni‐Vanuatu knowledge. Drawing on international and regional instruments, including the recent Kunming‐Montreal Global Biodiversity Framework and World Intellectual Property Organisation Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge, the article identifies emerging normative standards and persistent structural limitations. Comparative insights from Australia and Vanuatu support a reform agenda relevant to other settler‐colonial and postcolonial contexts in the Asia‐Pacific. Sustainability‐aligned governance requires shifting from extractive, state‐centric models to relational, pluralistic legal architectures. This includes harmonising intellectual property and environmental law, formally recognising customary systems and embedding Indigenous authority as a foundational pillar.

Review of European Comparative & International Environmental Law
Macquarie University (AU)
Life in Land
Openalex Percentile: Top 3%
Indigenous Peoples' Rights and Law
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.