Introduction to Biorights

I am grateful for the financial contributions provided by the Canadian Indigenous of Health Research (CIHR), Institute of Indigenous Peoples Health and Gender and Health, with First Nations Health Authority, the Canadian Nurses Foundation, and the University of Victoria.

This article analyses how local, national and international interests are reflected in India’s attempts to protect traditional knowledge through the formation of a Traditional Knowledge Digital Library (TKDL). It compares how the digital library is contextualised within India’s domestic policy with how it is presented to the World Intellectual Property Organization (WIPO). The article argues that WIPO has endorsed the Indian initiative and embraced the promotion of protective databases as an uncontroversial tool that diverts attention from more contested forms of traditional knowledge protection. Consequently, India has been able to use WIPO as a platform to promote itself and the TKDL to the global community. Domestically, however, the library serves other purposes. Since it systematically documents a vast body of traditional medical knowledge, Indian authorities can use the library to claim that knowedge as part of a national cultural heritage, and as a source of scientific innovations to the economic and social benefit of the country. In that regard, the TKDL reflects an interplay among local, national and international interests, where the goal of protecting the traditional knowledge of indigenous and local communities against misappropriation risks being co-opted to serve national purposes.

Traditional knowledge about fire and its effects held by indigenous people, who are connected to specific landscapes, holds promise for informing contemporary fire and fuels management strategies and augmenting knowledge and information derived from western science. In practice, however, inadequate means to organize and communicate this traditional knowledge with scientists and managers can limit its consideration in decisions, requiring novel approaches to interdisciplinary and cross-cultural communication and collaboration. We propose that Participatory Geographic Information Systems (PGIS) is one platform for the assemblage and communication of traditional knowledge vital to fire and fuels management, while preserving linkages to broader cultural contexts. We provide summaries of four preliminary case studies in the Intermountain West of North America to illustrate different potential applications of a PGIS tool in this context and describe some remaining challenges. Management and Policy Implications: Participatory Geographic Information Systems (PGIS) can offer a powerful approach for enhancing current decisionmaking by allowing for the integration of traditional and scientific knowledge systems with spatial environmental data in an interactive participatory process. Integrated data sets can allow traditional and scientific knowledge experts to share, explore, manage, analyze, and interpret multidimensional data in a common spatial context to develop more informed management decisions. Such combined data sets could provide a more comprehensive assessment of fire-related ecological change than is currently used in decisionmaking and enhance inclusion of effects on local resource utility values and areas of cultural significance. The use of a PGIS interface creates opportunities for traditional knowledge holders to share information and potential prescriptions while maintaining confidentiality. Knowledge integration efforts using PGIS as an organizational tool would help to bridge the communication gap that commonly exists between scientists, managers, and traditional knowledge holders as ecosystems continue to be altered through processes of land management and climate change.

Although generally recognized as a cross-cutting issue during the negotiations, traditional knowledge associated with genetic resources has eventually been addressed in various, occasionally stand-alone, provisions in the Protocol. This chapter serves as an overarching and wide-reaching provision enshrining: a general clause concerning indigenous and local communities' customary laws, that is applicable in the implementation of all other obligations under the Protocol; two broadly framed obligations for Parties to support understanding and fairness in ABS transactions involving traditional knowledge; and a prohibition for Parties to restrict communities' customary use and exchange of genetic resources and traditional knowledge that are in accordance with the CBD. It applies in particular to those provisions expressly related to traditional knowledge associated with genetic resources, namely on benefit-sharing, access, the multilateral benefit-sharing mechanism, transboundary cooperation, compliance with domestic ABS frameworks and MAT, awareness-raising and capacity.Keywords: CBD; customary laws; domestic ABS frameworks; genetic resources; MAT; multilateral benefit-sharing mechanism; traditional knowledge

Traditional knowledge has an important role to play in the management and utilization of forests in the ethnic minority areas of China. We conducted field survey and analysis on three types of forests which including sacred forests, family contracted forests and collective rehabilitative forests. It indicated significant differences among the 3 types of the forests on community structure, tree species diversity and forest stock. Our research also showed that family contracted forests type has the highest Shannon-Wiener index, followed by sacred forests and collective rehabilitative forests. Nevertheless, sacred forests maintain the highest level of forest stock, followed by family contracted forests moderate and collective rehabilitative forests. Sociological investigation on traditional knowledge of local Hani communities has been combined with ecological field studies in our research. It demonstrated that religious beliefs, festivals & rites, customary laws and other forms of traditional knowledge related to forests are key factors to explain the ecological differences of the above three types of forests. To conclude, reasonable functional division, land tenure policy and different forest management approaches are prerequisites if to achieve sustainable forestry management. The integration of traditional knowledge and forestry reforming may provide an alternative approach in promoting forestry development in local communities.

Traditional knowledge encompasses the cumulative body of practices, innovations, and beliefs developed by indigenous peoples and local communities through long-term interactions with their natural environments. Rooted in cultural traditions and sustained through intergenerational transmission, this knowledge plays a critical role in biodiversity conservation by guiding sustainable resource use, ecosystem stewardship, and the preservation of genetic, species, and ecosystem diversity. In the context of accelerating global biodiversity loss driven by climate change, habitat degradation, overexploitation, and unsustainable development, traditional knowledge offers locally adapted, cost-effective, and resilient approaches to conservation. Indigenous land-use systems, seed-saving practices, and customary governance institutions have demonstrated their effectiveness in maintaining ecological balance and enhancing ecosystem resilience. This article explores the conceptual foundations of traditional knowledge, examines its contributions to biodiversity conservation and climate change adaptation, analyzes the socio-economic and institutional challenges threatening its continuity, and emphasizes the importance of integrating traditional and scientific knowledge systems. Strengthening inclusive governance frameworks, protecting indigenous rights, and fostering knowledge co-production are essential for achieving sustainable ecosystem management and long-term biodiversity conservation

Although it boasts a rich historical wealth of traditional ecological knowledge, the rural Eastern Cape of South Africa continues to be an environmental hotspot since the mid-twentieth century, suffering land degradation, overharvesting of resources and water scarcity. Over the years, much research effort has been directed to investigating how local communities use traditional knowledge to manage resources. By and large, the studies argue that traditional knowledge provided effective management strategies in the past, hence communities should continue using it. This raises the question: what is happening with traditional ecological knowledge in contemporary rural Eastern Cape in South Africa? To address this question, this work used snowball sampling to recruit 83 respondents from three villages of Colana, Gogela and Nozitshena for in-depth interviews. The respondents were elderly women and men whose families had at least a two-generation history of living in these villages. Using the meta-theory of critical realism, particularly its analytical tools of abduction, hermeneutics, dynamism and context, this work found that there are multiple factors, exogenous to traditional ecological knowledge, that make it fail to effectively address environmental challenges in the present-day rural Eastern Cape. They include changed worldviews, legal pluralism and changed lifestyles which are a consequence of adverse incorporation of traditional systems into the South African nation-state system. Indigenous practices, traditions, local ethics, taboos, social conventions, and other cultural practices, that ensured the usefulness of TEK, have been abandoned over time. Incorporation of rural traditional systems into the South African nation-state have been largely adverse. There has been little or no integration of TEK and the “imported” lifestyles. The application of the “plug-in” principle in this case, thus, faces a very formidable task despite the reality that it is the way to go to ensure sustainable natural resources management and the achievement of some of the SDGs.

Tribal communities in West Bengal possess a rich repository of traditional knowledge, encompassing indigenous practices, folklore, and environmental wisdom that have been sustained across generations. However, the integration of this traditional knowledge into modern educational systems remains a challenge, leaving many tribal populations marginalized. This qualitative secondary study examines the potential of a blended educational approach that integrates traditional knowledge systems with formal modern education to empower tribal communities in West Bengal. Drawing upon secondary data from government reports, academic publications, and case studies, the paper highlights the cultural significance of traditional knowledge among West Bengal’s tribal groups, including the Santals, Oraons, and Mundas. It critically explores the shortcomings of the current education framework, which often disregards indigenous perspectives, leading to a sense of alienation among tribal students. The study further investigates innovative educational programs that have successfully combined traditional practices with modern curricula, focusing on their socio-cultural and economic impacts. The findings underscore that incorporating traditional knowledge into educational strategies fosters cultural pride, strengthens community identity, and enhances the learning experience of tribal students. This approach also aids in preserving indigenous practices while equipping tribal youth with the skills needed for broader societal integration. The paper argues that a collaborative effort involving policymakers, educators, and tribal communities is essential to design context-specific educational models that respect and sustain tribal heritage. By emphasizing the importance of blending traditional and modern knowledge systems, this study advocates for a culturally inclusive and empowering education framework as a means to address the marginalization of tribal communities in West Bengal. Such a framework must not only preserve the rich cultural heritage of tribal communities but also ensure that their traditional wisdom is recognized as a valuable resource in modern society. This requires educational policies that are flexible, participatory, and context-specific, incorporating the voices and needs of tribal communities.

Indigenous geological knowledge (IGK) constitutes a vital but often overlooked dimension of Earth science, developed through centuries or millennia of community observation, cultural practice, and direct interaction with the environment. In Ethiopia, a country characterized by diverse landscapes, active tectonic zones, and rich cultural heritage, local communities have long interpreted geological phenomena such as rock formations, mineral presence, volcanic eruptions, and groundwater signals through context-specific, place-based knowledge systems. Despite its profound potential in geoscience, natural resource management, and environmental education, IGK remains marginalized in mainstream scientific discourse, institutional policy, and formal education. This review critically examines the scope, depth, and contemporary relevance of IGK in Ethiopia by analysing traditional interpretations and their linkages to current geoscientific challenges. A systematic review approach was used, following PRISMA guidelines. Data were gathered from academic databases (Scopus, Web of Science, Google Scholar) and grey literature, using search terms like ‘Indigenous knowledge,’ ‘geology,’ ‘Ethiopia,’ ‘traditional geoscience,’ and ‘ethnogeology.’ Inclusion criteria covered studies published from 1995 to 2025 that document local geological interpretations, geophysical phenomena, or traditional resource-use practices. From an initial pool of 311 documents, 50 were selected for full thematic analysis. The findings reveal five core thematic areas: traditional rock and soil classifications; local understandings of volcanic and seismic activity; Indigenous hydrogeological indicators; perceptions of land degradation and erosion; and cosmological or spiritual associations with geological features. These knowledge systems are intricately woven into community identity and environmental stewardship, often passed down orally across generations. IGK offers valuable insights for enhancing geoscientific research, supporting sustainable land use, and developing culturally grounded education. Integrating IGK into formal scientific frameworks can also strengthen disaster risk reduction and environmental governance. This review calls for inclusive academic platforms and responsive policy frameworks to validate, preserve, and integrate Indigenous geological knowledge within Ethiopia’s broader development agenda.

The relevance of indigenous knowledge system (IKS) to sustainable development of any country is no longer in doubt. Therefore, any nations that do not adapt its traditional indigenous knowledge system into its western system of education are likely to have a retarded development. This is because there is always a conflict between traditional knowledge systems with the western knowledge system. This paper had to argued that there is need to decolonized science curricula into indigenous knowledge system especially Secondary School Biology for sustainable development in order to compliment scientific concepts, making learning more comprehensive and relatable. The paper discusses the nature and place of Secondary School Biology curriculum in Nigeria Science Education, challenging the myth of objectivity in Biological Science, The need for indigenous knowledge in Secondary School Biology curriculum, pedagogical benefits and practical approaches to indigenous knowledge, challenges and ethical considerations of decolonizing Biology curricula into indigenous knowledge, implication of decolonizing Biology curriculum into indigenous knowledge in Nigeria science education and conclusion.

This métissage explores scholarly relations among local Indigenous communities, school districts, teacher-learners and Simon Fraser University’s graduate diploma program titled Indigenous Education: Education for Reconciliation. Through our collective attending to the role of Indigenous knowledge practices and making within transformative reconciliation, a powerful resurgence of Indigenous ways of knowing and being emerged. This resurgence came about through participatory pedagogies of making and through the sharing of Indigenous knowledges, cultural practices, ceremony and language revitalization. The focus on Indigenous knowledge practices, circle processes and artmaking, as well as Indigenous worldviews, knowledges and perspectives, provided an enactment of rigorous resurgence and transformative reconciliation (Ash et al., 2018). Opportunities to be involved in Indigenous making and land practice with Indigenous Knowledge Holders provided occasions for teacher-learners to embody and embed Indigenous pedagogies and “two-eyed seeing” (Bartlett et al., 2012) within their educational practice. Throughout the program, teacher-learners were invited into Indigenous making, creative and critical conversations, exploring circle pedagogies, participatory processes, place-based explorations and intercultural dialogues with Indigenous Knowledge Holders and Elders. The teachers acknowledged and experienced Indigenous protocols and ceremonies, and they actively explored Indigenous teachings through Indigenous participatory pedagogies. An emphasis was placed on creating authentic Indigenous-learning pathways and to do so in relation to knowledge practices within a particular place, peoples and their unique cultural ecology. This Indigenous Métissage (Donald, 2012) weaves together narrative threads into a story of collaboration between teacher-learners and Knowledge Holders. They stand as a family stands, together to share and give witness to the profound learnings that have emerged from the journey.

Ecological management in a cultural landscape

IPR in Traditional Knowledge and Bio-Diversity: Protection, Issues and Possible Ways Ahead

Bali, as a province with strong roots in local cultural traditions and significant economic importance for Indonesia, is striving to balance modernity and tradition, economics, especially mass tourism, and cultural identity. This is why Universitas Warmadewa, one of the largest Balinese universities, chooses the theme ‘Local Wisdom and Business Law’ for its international conferences each year.As a non-Indonesian legal scholar, this theme presents two challenges for me. Firstly, I am not an expert in tourism economics and can only approach the topic from a traditional market law perspective, theoretically. Secondly, the terms used in Indonesian legal discussions may seem vague and unclear from a German perspective, as the legal discussion in Indonesia integrates traditional legal phenomena pragmatically into the applicable legal system. This may also be historically conditioned because since independence Indonesia has to handle a legal pluralism in law, which also finds its cause in the legacy of the colonial era.When speaking on the legal perspective of ‘local wisdom’, several questions are unclear to me:What exactly is local wisdom and how can it be defined?Where does it fit into the Indonesian legal system?What role can local wisdom play in contemporary law?Local wisdom may be understood as part of traditional customary law or Adat, at least in terms of its influence on legal issues, as the conference theme suggests. The terminology around ‘customary law’, ‘Adat’, ‘indigenous law’, or ‘living law’ is still a problematic issue in Indonesian scientific discussion and should only be briefly mentioned in this presentation. The term ‘Adat law’ was originally not used in Indonesian society and was first systematically used by the Dutch. Van Vollenhoven, considered the ‘father of Indonesian Adat law’ by Indonesian scholars, defined Adat law as law that is not based on codified legal rules from the legislator. This definition is still used by contemporary Indonesian scholars. Adat law in this sense contains sanctions, making the character of ‘law’. It was characterized by Van Vollenhoven as dynamic and flexible folk law, which combines the term with the often-used term of ‘living law’. There are numerous discussions in Indonesian literature about Indonesian customary law, its functions, and significance, but the terminology has not been clearly defined and the role of religious law is also subject to numerous publications.Therefore, having read various contributions on the topic, I am left confused because some of them discuss the existence of legal principles of living customary law and describe them as “national Indonesian principles,” which can replace parts of the post-colonial Indonesian law, but they do not clearly identify these principles. The topic seems to be of almost patriotic importance to Indonesia, making it particularly difficult for foreign scholars to approach the subject in presentations before Indonesian colleagues. My contribution should be seen in light of this difficulty, as a first observation of the phenomenon from a foreign perspective.The term Adat is already difficult to comprehend, and this is even more true for the term “local wisdom” in a legal context. So, what is the “Local Wisdom” that I am asked to talk about? The Terms of Reference of our conference describe the meaning of “local wisdom” mainly as the clash of market actors in local Balinese tourism that can lead to conflicts, which the law should resolve. These conflicts are said to occur because local communities and institutions, based on a kind of traditionally grown trust, seek to build and maintain their business relationships in the tourism industry. This trust, which one could call “traditional good faith,” meets the need to regulate contractual arrangements more formally in terms of contract law (“more official...instead of just relying on promises or good faith”).In this sense, local wisdom is an aspect of good faith. Based on this understanding of the term, I have no systematic issues with the term “local wisdom.” However, it should be noted that good faith and contract, as a predictable shaping of legal relationships between market actors, should not be seen as opposites. It is possible and necessary to resolve disruptions in contractual relationships in light of good faith and, if necessary, adapt contractual regulations. Here, “local wisdom” should not be understood as a unique source of good faith, but as a general aspect that can influence the expectations of the contracting parties and their trust in shaping the law. This raises the question of which factors should be taken into account by the non-local contracting party in good faith, and which should not. It is a question of the concrete assessment of the structure of interests and the balance of the contract, how to allocate risk and assign external aspects to the contracting parties and which aspects should be considered subsequently.This is a theoretical matter, and it is unlikely to play a significant role in practice since local market actors and communities have the freedom, within the framework of private autonomy, to incorporate their traditional interests into the contract negotiations. This allows for traditional interests to participate in the “equivalence justice” of the contract. However, if the traditional interests of the local community result in unacceptable consequences for the contract’s execution, the question of whether these reasons can lead to a change in the contract’s basis may arise. In civil law systems, the clausula rebus sic stantibus is regulated as a limitation of the pacta sunt servanda principle and falls under the principle of good faith (bona fides). If the invocation of “local wisdom” by one party leads to the other party having to agree to an adjustment, it would have to be examined.I would like to give you an example of this, which seems credible even if no prove about the issue can be delivered due to the ‘popular’ source: A person without Indonesian citizenship acquired the right to use a plot of land with a house in Bali ten years ago. Since foreigners cannot acquire land ownership in Indonesia themselves, the foreigner had agreed on a legal arrangement with an Indonesian citizen resident in Bali, in which the Indonesian acquired ownership (hak milik) of the land with the foreigner’s money and agreed on right to use for the foreign partner. After ten years, the foreigner wanted to sell the property again to move to his country of origin. The agreement with the Indonesian partner stipulated that the Indonesian partner must agree to the sale of the plot on the wish of the foreign partner and would receive 10% of the sale amount in the event of a sale. In the case described, however, the Indonesian partner seems to have refused to sell the property on the agreed terms. He was not satisfied with the 10% share and demanded a 70% share instead. As justification for this, he argued that the contract terms should be changed because he had spiritually enhanced the property over the years through certain religious rituals and this required a revaluation of his shareholding.It is not known whether the case was heard in an Indonesian court and how it was finally settled. Assuming the case had occurred as described, from the perspective of Indonesian civil law, it is clear that no change in the business basis of the contract occurred as a result of the Indonesian partner’s spiritual acts, which can lead to an adjustment of the agreement between him and the foreign contractual partner. Just as local communities depend on their interests in cultural identity being taken into account even in legal relations with partners coming from outside, foreign investors must be able to rely on certain standards of contractual obligation. The principle of good faith would be grotesquely overstretched if local contracting partners could use fuzzy notions of ‘local wisdom’ to make contractual arrangements more flexible in their favour.Another example of the clash between traditional legal customs and supra-regional legal ideas in highly traditional markets with supra-regional economic importance, such as Bali, is the handling of legal disputes and methods of dispute resolution. The trust of traditional communities in supra-legal ties of interest in business relationships, as mentioned in the Terms of Reference to this Conference, meets a systemic trust in formal contractual regulations of non-local actors. The reference points of trust of the respective groups of market actors thus differ. This also affects dispute resolution. According to Sulastriyono, the voluntary character of traditional customary law has the advantage over civil law methods of litigation and dispute resolution of a ‘win-win’ solution, which leads to greater acceptance of the solution by the parties to the conflict. In theory, this is undeniable. However, it is questionable whether this acceptance can also be achieved among contract participants who do not originate from the respective culture, because the existence of sufficient advantages for a party may well depend on the integration of the party in the respective local society. Moreover, the indisputable advantages of consensual dispute resolution can also be well integrated in state procedural law via mediation mechanisms.Cases such as the one outlined one above would in principle be likely to erode the confidence of foreign investors in Indonesian law in general if courts do not rule clearly and draw clear boundaries here. The example seems to be a particularly extreme case, but it shows how important it is to clearly determine the meaning and possible role of terms such as ‘local wisdom’ and ‘tradition’ for use in law. Culturally related aspects are prone to serve as a tool for discrimination against individuals and companies that do not belong to the respective cultural environment. The difficulty, for example, of establishing an intellectual property right on cultural heritage follows not only from the contrast between individual subjective rights and collective subjective rights. It follows above all from the problem of determining the collective rights holders who are to benefit from ‘their’ cultural heritage. Who is a member of a certain culture? Is there a generational link or does it depend on the integration of the individual into his or her living environment? If the legal system does not want to fall back to abstruse considerations of ‘blood identity’, what remains is the assignment of such claims to territorial authorities or the state itself, whose task it is to protect cultural diversity on its territory. This is the path that the Indonesian legislature had taken in Art 38 Law No 28/2014 on copyright law.The misuse of cultural aspects carried into the application of law is also visible in another aspect: In another paper I have pointed out the problem that the concept of traditional customary law in Indonesian law and the position of Adat law in the hierarchy of norms seems in need of clarification. Shidarta notes that there is no sufficient clarity about the relationship between Adat law and state law and thus no consistent system of Indonesian law as a whole. Accordingly, the maturation of an independent Indonesian legal system suffers to this day from the internal conflict with the colonial legacy of existing state law based on Dutch civil law and the lack of a consistent overarching pluralistic concept of law. This is seen by Shidarta as a major reason why the systematic positions of customary law, Islamic law and western law within national law are not clearly defined and why a clear hierarchical determination of the various sources of law in relation to national law is lacking. The doubts about the systematic location and certainly also the failure to establish the principles of traditional customary law as original Indonesian law after the attainment of independence instead of the sources of law inherited from the colonial period are probably due - in addition to the idea of the state founders of an Indonesian unitary state (‘eenheidstaat’) - above all to the disagreement about the concept of customary law, which is formally understood in the sense of a binding source of law defined during the colonial period, or as post-colonial Adat law in the sense of traditional customary rights of various Indonesian ethnic groups either with a binding character or as norms of social order based on voluntariness. In this respect, too, different definitions of the term can be found in the literature:There is thus generally a more philosophical recognition of the importance of traditional customary law in the sense that customary law reflects the actual sense of law of the people and the Indonesian people as a nation. The latter statement seems problematic to me because the statement only applies with regard to the significance of customary law as a source of law, but not to the content of the individual customary laws of the various ethnic groups, in which different legal customs apply in each case. It therefore seems questionable to me whether Adat law can be understood in the sense of an alternative to Indonesian state law. In my opinion, Adat as a source of concrete legal norms has a supplementary development perspective in the communal area. Here it can certainly have an influence on economic life in the regions if it is applied consistently and transparently, and its importance would grow especially if the autonomy of municipal territorial units were strengthened, and a strong federalism were developed. However, a scientific inventory of norms and principles of local customary law is then required, and a clear formulation of such norms is needed, because it must be ruled out that the invocation of undefined, non-transparent or arbitrarily formulated Adat rules unduly restricts the freedom of market actors and are used as protectionist instruments in the provinces.In this sense, I believe that the postulate that Indonesian law must simply recognise Adat law as it has grown and as it is applied alive within the Indonesian local societies falls short, because the compatibility of social rules based on voluntariness and constantly changing with the overall legal system based on the rule of law is at least debatable. In other words: either one renounces the legal certainty and predictability of legal norms in the area of traditional customary law. This could then constitute a breach of the constitutionally enshrined principle of the Rule of Law. Or one formulates clear norms based on traditional legal principles, which have the character of binding legal norms and applies them in the sense of subsidiarity in the local environment with priority over central state law in certain predefined aspects. Then the rules of the hierarchy of norms must be correspondingly clear. However, the question of the hierarchy of norms then no longer presents itself as a problem of the nature of Adat or customary law because the latter would have lost its character as actual customary law. The advocates of a strong recognition of Adat by state law will, however, reject this path because they see the advantage of traditional customary law over state law precisely in its flexibility and ability to change. This flexibility would no longer be readily available through an integration of traditional principles into a local classical law in the sense of imperative norms.A clear hierarchy of norms defined by constitutional law seems indispensable, because such local customary law cannot displace state law without further ado, but only if the principle of subsidiarity and the better regulation of local circumstances by local law indicates otherwise. This would also be in line with the philosophical assessment of local customary law as the law that best captures the living conditions of the people in its cultural area of application. The importance of the principle of subsidiarity should generally be given more attention in the discussion on legal pluralism in Indonesia. This can not only ensure greater recognition of traditional customary law, but also enable the transparency necessary for the predictability of the law.Insofar as Adat is to be understood as the source of ‘abstract normative’ aspects, as certain common Indonesian legal values and principles in the sense of a ‘pan-Indonesian’ legal order and, as such, is to find its way into an independent state Indonesian civil law, legal scholarship in Indonesia will also have to identify and clearly define these principles. In doing so, it will be necessary to determine which principles of traditional customary law in the various regions of the archipelago are suitable as overarching legal principles, so that they can possibly have an identity-forming effect in a national private law. This difficult process might lead to reform of the Indonesian Civil Law which meets the special requirements of a socially and culturally integrated legal system.Indonesia as a state with a unified internal market needs a cross-cultural private law and commercial law. Consideration of the interests of local communities and traditions is of importance in a multicultural state. The Indonesian constitution therefore emphasises the specifics of traditional rights and thus guarantees Adat its own status in the legal system. However, there seems to be a lack of a clear hierarchy of norms in the legal system and a clear definition of the nature of Adat. A hint of a certain hierarchy between Adat and state law is indeed found in agricultural law (Art. 5 Law No. 5/1960 on the Basic Regulations of Agrarian Principles) and in forestry law (Law No. 41/1999 on Forestry). Adat is recognised here but must harmonise with state law. It is therefore likely to be in a relationship of subsidiarity to state law. The fundamental assertion of the primacy of state law over other co-existing legal systems is also in line with the view of Indonesian legal scholars such as Sunaryati Hartono. Referring to Griffiths’ formulation of “weak legal pluralism”, where co-existing legal systems are subordinated to a dominant formalistic national law, it can be stated that the Indonesian legal system follows this model.In my opinion, the integration of traditional customary law into the legal system should not be done as a mere tolerance of state law towards deviating regulations of facts in certain regions. From my perspective as a foreign observer, this seems to lead to significant problems for the development of the Indonesian economy and for investment. In particular, this seems to me to be the case for Bali. Local Wisdom can be incorporated into the contractual relations of the parties within the framework of private autonomous arrangements. A ‘creative’ qualification of protectionist measures against outside market actors or the justification of the failure to sanction breaches of contract or violations of law against outsiders as ‘Adat’ or ‘protection of local traditions’ should be consistently avoided.Incidentally, it seems to me that in contract law there is no real opposition between state law and traditional customary law. Either the parties trust each other, in which case state law does not prevent an agreement based on good faith. Or they do not, in which case only state contract law can lead to proper solutions. The same applies to traditional dispute resolution methods, to which the parties to the conflict can easily submit. In contrast, the integration of customary law as independent Indonesian legal principles or as legal norms at the local or municipal level into Indonesian law would require considerable academic effort. For this, the principles concerned would have to be clearly identified, systematised, and formulated to be able to substantiate a claim to validity beyond the respective local communities. The mere reference to historically evolved convictions of local communities is too vague. The term ‘local wisdom’ seems to me to be problematic in this sense to accurately describe the question of the collision of traditional customs and expectations of outside market actors, especially since it is already conceptually positively evaluative. Finally, it should not be forgotten, that the continental European codifications are culturally neutral and in big parts based on the Roman law. Roman law itself was not developed under the cultural framework of northern and middle European regions, however it served well as source for the modern European codifications. These codifications are working fine until these days in different nations without obvious incompatibilities with local traditions. The amount of a ‘Volksgeist’ after the idea of Friedrich Carl von Savigny within the Private Law does not play a big role in the contemporary discussion as law should be seen in a pragmatic way as a viable tool to organize the modern society. Indonesia is an important economically emerging nation. As such it might be a good idea to keep an internationally compatible private law, which might be carefully adapted to certain peculiarities of the Indonesian society. The use of general clauses as entrance doors for local legal convictions seems to be a good way for that and a clearly defined legal hierarchy with a constitutionally based legal subsidiarity principle seems important. In contrast, the foundation of modern law on nationalistic, local, or indigenous traditional customs should only be done with extreme caution, if at all. The contemporary discussion on the role of Adat in Indonesian law shows the great difficulty of determining viable legal rules that can enter a future reformed Indonesian private law as ‘originally Indonesian’. The criticism against Von Savigny’s ‘Volksgeist’ idea also applies here: Defining who the ‘people’ are and what constitutes their common identity is already hardly rationally possible in a non-multi-ethnic state, even more in a multi-ethnic state. National identity-forming circumstances are hardly suitable as common principles for pluralistic societies.

Researchers have documented that observations of climate change impacts reported by Indigenous Peoples and Local Communities coincide with scientific measurements of such impacts. However, insights from Indigenous and Local Knowledge are not yet completely included in international climate change research and policy fora. In this article, we compare observations of climate change impacts detected by Indigenous Peoples and Local Communities from around the world and collected through a literature review (n=198 case studies), with climate scientists' opinions on the relevance of such information for climate change research. Scientists' opinions were collected through a web survey among climate change researchers from universities and research centres in Spain (n=191). In the survey, we asked about the need to collect local level data regarding 68 different groups of indicators of climate change impacts to improve the current knowledge, and about the feasibility of using Indigenous and local knowledge in climate change studies. Results show consensus on the need to continue collecting local level data from all groups of indicators to get a better understanding of climate change impacts, particularly on impacts on the biological system. However, while scientists of our study considered that Indigenous and local knowledge could mostly contribute to detect climate change impacts on the biological and socioeconomic systems, the literature review shows that information on impacts on these systems is rarely collected; researchers instead have mostly documented the impacts on the climatic and physical systems reported by Indigenous and local knowledge.