Having developed a suitable normative approach, this chapter considers how best to achieve this, in light of current international law. A variety of legal modalities (treaty or soft law), fora (e.g. existing or standalone forum) and drafting approaches (multi-stakeholder or expert-led) are considered. An international expert-led soft law approach, outside the auspices of any existing international body, is recommended in the first instance, noting that, in due course, a more permanent forum may be warranted and that, indeed, binding treaty approaches may also be contemplated in the longer term. It is finally considered whether such an approach would remain consistent with existing international law, notably international intellectual property law. It is concluded that the proposed approach would be fully consistent with existing international law.

States, international organizations and private businesses have distinct but complementary duties concerning human rights. States are obligated to respect, protect and fulfill human rights within their jurisdiction. International organizations are obligated to ensure that their activities, suc as financing infrastructure or peacekeeping in conflict zones, conform with (and in some cases protect) human rights. Business actors may not have the same responsibility as states or international organizations. For decades we have seen an increase in the number and in the development of frameworks that encourage economic globalization. We have also observed a similar path in the expansion of the international law frameworks that protect human rights, including indigenous human rights. Despite the growth of the two fields, both have developed separately, almost independently, although the two are fundamental to international law and a reflection of the world, especially after World War II (WWII). Frameworks regulating economic globalization have invariably lacked mechanisms of accountability on human rights.

In Chapter 7 on trade-related aspects of traditional knowledge protection, Oluwatobiloba Moody looks at the proliferation of provisions related to traditional knowledge and genetic resources in trade agreements. He questions whether trade agreements are the correct instrument to protect traditional knowledge particularly from biopiracy and other abuses. Although he argues that trade agreements could play an important role in addressing key aspects of traditional knowledge protection, he suggests that such protection should not occur in a vacuum. These provisions should rather complement and/or reinforce the international commitments and/or domestic frameworks of negotiating parties. The misappropriation and commodification of traditional knowledge through trade agreements must be pursued with caution, by parties to international trade agreements and by Indigenous peoples. Protection of traditional knowledge must involve consultation with Indigenous groups to ensure that these new provisions in trade agreements do not abrogate their established rights.