**5. Mainstreaming of traditional ecological customary law in the rule of biodiversity conservation law**

The role of traditional ecological customary law in the rule of law in biodiversity conservation, especially whether it is influential in protecting genetic resources and its associated traditional knowledge, depends to some extent on the degree of recognition of customary law in the formal legal system. Legal systems that recognize the legal status of customary law and develop specific implementing regulations are vital to protecting genetic resources and their associated traditional knowledge. As mentioned above, traditional ecological customary law is often regarded only as an informal custom because it has no record and no statute law. Even if it is regarded as a formal legal system source, it cannot change its weak status. Although, in practice, customary law is subordinate to statutory law, especially when there is a conflict between the two, customary law is often ignored.

Across the world, an increasing number of countries that are parties to the Convention on Biological Diversity have increasingly recognized the role of customary law in access to genetic resources and their associated traditional knowledge and benefit sharing and thus have recognized customary law. At present, relevant countries, including India, Brazil, South Africa, Malaysia, and the Andean Community, have formulated laws and systems for biological species resources and their related traditional knowledge, and have gradually begun to protect, manage, and control biological species resources and their related traditional knowledge. In addition, sustainable use and other aspects recognize and accept the traditional ecological customary laws and systems of traditional ethnic societies such as indigenous peoples, long-term inhabitants, indigenous peoples, and local communities and integrate them into the modern environmental legal system.

Based on the experience of the countries mentioned above, the international community and governments of various countries should explore the mainstreaming of traditional ecological customary law in the rule of law in biodiversity conservation and must carefully review the status of customary law in the construction of the rule of law in biodiversity conservation and discuss strengthening customary law, way, and method. To create traditional ecological customary law status, indigenous peoples and local communities must first establish their rights to genetic resources and associated traditional knowledge. Customary law can only be recognized if it respects the right of indigenous peoples and local communities to decide whether and how to use genetic resources and their associated traditional knowledge and under what conditions. Therefore, customary rights in traditional ecological law are at the core of protecting biodiversity genetic resources and their associated traditional knowledge. At the same time, recognizing the status of traditional ecological customary law requires understanding its basic principles and procedures. It needs to be recognized and strengthened in formal laws to ensure that customary laws and rights are recognized in practice by the formal legal system.

In conclusion, for the conservation and use of biodiversity, establishing a system of access and benefit sharing based on the recognition of customary law for genetic resources and their associated traditional knowledge is critical. It not only promotes biodiversity and ecosystem sustainability but also lays the groundwork for the conservation and use of biological diversity and its associated traditional knowledge. The endogeneity of conventional knowledge can shape the effective conservation and sustainable use of indigenous peoples and local communities' biodiversity in turn.
