The Politics of Making Traditional Knowledge Law Texts, Talk and Theories of Indigenous Engagement

Abstract

This thesis is about the efforts of the World Intellectual Property Organization (WIPO) in making TK law. It tracks developments within the intergovernmental committee (IGC) established in 2000 to deal with traditional knowledge, traditional cultural expressions, genetic resources and folklore. It pays particular attention to the concerns of Indigenous participants who were active in IGC 19, as well as to Indigenous critical methodologies. This thesis investigates text and talk in and around the forum. It draws on critical theory, including ‘Third World Approaches to International Law’ (TWAIL), regime shifting, and Gramscian cultural hegemony to illuminate the complexity of the politics of the forum. Ultimately it queries the efficacy for Indigenous persons of this form of law making and norm setting.