Environmental Justice And The Rights Of Indigenous Peoples
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Environmental Justice and the Rights of Indigenous Peoples by Laura Westra Pdf
More than 300 million people in over 70 countries make up the worlds indigenous populations. Yet despite ever-growing pressures on their lands, environment and way of life through outside factors such as climate change and globalization, their rights in these and other respects are still not fully recognized in international law. In this incisive book, Laura Westra deftly reveals the lethal effects that damage to ecological integrity can have on communities. Using examples in national and international case law, she demonstrates how their lack of sufficient legal rights leaves indigenous peoples defenceless, time and again, in the face of governments and businesses who have little effective incentive to consult with them (let alone gain their consent) in going ahead with relocations, mining plans and more. The historical background and current legal instruments are discussed and, through examples from the Americas, Africa, Oceania and the special case of the Arctic, a picture emerges of how things must change if indigenous communities are to survive. It is a warning to us all from the example of those who live most closely in tune with nature and are the first to feel the impact when environmental damage goes unchecked.
Environmental Justice and the Rights of Indigenous Peoples by Laura Westra Pdf
More than 300 million people in over 70 countries make up the worlds indigenous populations. Yet despite ever-growing pressures on their lands, environment and way of life through outside factors such as climate change and globalization, their rights in these and other respects are still not fully recognized in international law.In this incisive book, Laura Westra deftly reveals the lethal effects that damage to ecological integrity can have on communities. Using examples in national and international case law, she demonstrates how their lack of sufficient legal rights leaves indigenous peoples defenceless, time and again, in the face of governments and businesses who have little effective incentive to consult with them (let alone gain their consent) in going ahead with relocations, mining plans and more. The historical background and current legal instruments are discussed and, through examples from the Americas, Africa, Oceania and the special case of the Arctic, a picture emerges of how things must change if indigenous communities are to survive. It is a warning to us all from the example of those who live most closely in tune with nature and are the first to feel the impact when environmental damage goes unchecked.
Indigenous Environmental Justice by Karen Jarratt-Snider,Marianne O. Nielsen Pdf
"With connections to traditional homelands being at the heart of Native identity, environmental justice is of heightened importance to Indigenous communities. Not only do irresponsible and exploitative environmental policies harm the physical and financial health of Indigenous communities, they also cause spiritual harm by destroying the land and wildlife that are held in a place of exceptional reverence for Indigenous peoples. Combining elements of legal issues, human rights issues, and sovereignty issues, Indigenous Environmental Justice creates a clear example of community resilience in the face of corporate greed"--
Climate Change and Indigenous Peoples by Randall Abate,Elizabeth Ann Kronk Pdf
'Climate Change and Indigenous Peoples offers the most comprehensive resource for advancing our understanding of one of the least coherently developed of climate change policy realms – legal protection of vulnerable indigenous populations. The first part of the book provides a tremendously useful background on the cultural, policy, and legal context of indigenous peoples, with special emphasis on developing general principles for climate change mitigation and adaptation solutions. The remainder of the volume then carefully and thoroughly works through how those general principles play out for different regional indigenous populations around the globe. All of the contributions to the volume are by leading experts who bring their insights and innovative thinking to bear on a truly complex subject. Whether as a novice's starting point or expert's desktop reference, I cannot think of a more useful resource for anyone interested in climate policy for indigenous peoples.' – J.B. Ruhl, Vanderbilt University Law School, US 'In Climate Change and Indigenous Peoples, editors Randy Abate and Elizabeth Kronk have assembled a truly comprehensive and informative look at the special issues that indigenous peoples face as a result of climate impacts and an overview of the law – international and domestic, climate change and human rights, substantive and procedural – that applies to those issues. One of the great strengths of the book is that no group of indigenous people is made to stand proxy for all the others; instead, after exploring the general issues facing all indigenous peoples and the general legal strategies they use, the book focuses most of its attention on the specific climate change issues that confront particular groups – South American indigenous peoples; the various tribes of Native Americans in the US; the indigenous peoples of the Arctic, collectively as well as in respect to particular Arctic countries; Pacific Islanders; indigenous peoples in Asia; the various groups of Aborigines and Torres Islanders in Australia; the Maori on New Zealand; and several tribes in Kenya, Africa. For people interested in climate change and climate change adaptation, this book provides a unique overview of the special vulnerabilities and plights of indigenous peoples, issues that must be considered as the world works to formulate effective and protective climate change adaptation policies. For people interested in indigenous peoples and international human rights, this book paints a grim picture of the various ways in which climate change threatens this very diverse group of cultural entities and the deep knowledge of place that they usually possess, while at the same time offering hope that the law can find ways to keep them from disappearing – and, indeed, that indigenous peoples might just help the rest of us to survive, as well.' – Robin Kundis Craig, University of Utah S.J. Quinney College of Law, US 'It is one of the world's cruelest ironies that some of the earliest effects of climate change are being felt by indigenous populations around the world, even though they contributed no more than trivial amounts of the greenhouse gases that are at the root of much of the problem, and they are so politically and economically powerless that they played no role in the decisions that have led to their plight. At the same time, many of these populations are victimized by certain actions designed to reduce emissions, such as land clearing for biofuels cultivation, and restrictions on forest use. Professors Abate and Kronk have assembled a formidable collection of experts from around the world who demonstrate the diversity of challenges facing these indigenous peoples, and the opportunities and challenges in using various international and domestic legal tools to seek redress. This book will be an invaluable resource for all those examining the legal remedies that may be available, either now or as the law develops in the years to come.' – Michael B. Gerrard, Columbia Law School, US This timely volume explores the ways in which indigenous peoples across the world are challenged by climate change impacts, and discusses the legal resources available to confront those challenges. Indigenous peoples occupy a unique niche within the climate justice movement, as many indigenous communities live subsistence lifestyles that are severely disrupted by the effects of climate change. Additionally, in many parts of the world, domestic law is applied differently to indigenous peoples than it is to their non-indigenous peers, further complicating the quest for legal remedies. The contributors to this book bring a range of expert legal perspectives to this complex discussion, offering both a comprehensive explanation of climate change-related problems faced by indigenous communities and a breakdown of various real world attempts to devise workable legal solutions. Regions covered include North and South America (Brazil, Canada, the US and the Arctic), the Pacific Islands (Fiji, Tuvalu and the Federated States of Micronesia), Australia and New Zealand, Asia (China and Nepal) and Africa (Kenya). This comprehensive volume will appeal to professors and students of environmental law, indigenous law and international law, as well as practitioners and policymakers with an interest in indigenous legal issues and environmental justice.
Routledge International Handbook of Green Criminology by Nigel South,Avi Brisman Pdf
Academic and general interest in environmental crimes, harms, and threats, as well as in environmental legislation and regulation, has grown sharply in recent years. The Routledge International Handbook of Green Criminology is the most in-depth and comprehensive volume on these issues to date. With contributions from leading international green criminologists and scholars in related fields, the Handbook examines a wide range of substantive issues, including: climate change corporate criminality and impacts on the environment environmental justice media representations pollution (e.g. air, water) questions of responsibility and risk wildlife trafficking The chapters explore green criminology in depth, its theory, history and development, as well as methodological concerns for this area of academic interest. With examples of environmental crimes, harms, and threats from Africa, Asia, Australia, Eastern Europe, South America, the United Kingdom, and the United States, this book will serve as a vital resource for international scholars and students in criminology, sociology, law and socio-legal studies, as well as environmental science, environmental studies, politics and international relations.
Environmental Justice and the Rights of Ecological Refugees by Laura Westra Pdf
Climate change and other environmental problems are increasingly leading to the displacement of populations from their homelands, whether this be through drought, flooding, famine or other causes. Worse, there is currently no protection in international law for people made refugees by such means.
From the Standing Rock Sioux Tribe’s resistance against the Dakota Access pipeline to the Nepalese Newar community’s protest of the Fast Track Road Project, Indigenous peoples around the world are standing up and speaking out against global capitalism to protect the land, water, and air. By reminding us of the fundamental importance of placing Indigenous politics, histories, and ontologies at the center of our social movements, Indigenous Resurgence positions environmental justice within historical, social, political, and economic contexts, exploring the troubling relationship between colonial and environmental violence and reframing climate change and environmental degradation through an anticolonial lens.
The story of Native peoples’ resistance to environmental injustice and land incursions, and a call for environmentalists to learn from the Indigenous community’s rich history of activism Through the unique lens of “Indigenized environmental justice,” Indigenous researcher and activist Dina Gilio-Whitaker explores the fraught history of treaty violations, struggles for food and water security, and protection of sacred sites, while highlighting the important leadership of Indigenous women in this centuries-long struggle. As Long As Grass Grows gives readers an accessible history of Indigenous resistance to government and corporate incursions on their lands and offers new approaches to environmental justice activism and policy. Throughout 2016, the Standing Rock protest put a national spotlight on Indigenous activists, but it also underscored how little Americans know about the longtime historical tensions between Native peoples and the mainstream environmental movement. Ultimately, she argues, modern environmentalists must look to the history of Indigenous resistance for wisdom and inspiration in our common fight for a just and sustainable future.
Speaking for Ourselves by Julian Agyeman,Peter Cole,Randolph Haluza-DeLay,Pat O'Riley Pdf
The concept of environmental justice has offered a new direction for social movements and public policy in recent decades, and researchers worldwide now position social equity as a prerequisite for sustainability. Yet the relationship between social equity and environmental sustainability has been little studied in Canada. Speaking for Ourselves draws together Aboriginal and non-Aboriginal scholars and activists who bring equity issues to the forefront by considering environmental justice from multiple perspectives and in specifically Canadian contexts.
Biocultural Rights, Indigenous Peoples and Local Communities by Fabien Girard,Ingrid Hall,Christine Frison Pdf
This volume presents a comprehensive overview of biocultural rights, examining how we can promote the role of indigenous peoples and local communities as environmental stewards and how we can ensure that their ways of life are protected. With Biocultural Community Protocols (BCPs) or Community Protocols (CPs) being increasingly seen as a powerful way of tackling this immense challenge, this book investigates these new instruments and considers the lessons that can be learnt about the situation of indigenous peoples and local communities. It opens with theoretical insights which provide the reader with foundational concepts such as biocultural diversity, biocultural rights and community rule-making. In Part Two, the book moves on to community protocols within the Access Benefit Sharing (ABS) context, while taking a glimpse into the nature and role of community protocols beyond issues of access to genetic resources and traditional knowledge. A thorough review of specific cases drawn from field-based research around the world is presented in this part. Comprehensive chapters also explore the negotiation process and raise stimulating questions about the role of international brokers and organizations and the way they can use BCPs/CPs as disciplinary tools for national and regional planning or to serve powerful institutional interests. Finally, the third part of the book considers whether BCPs/CPs, notably through their emphasis on "stewardship of nature" and "tradition", can be seen as problematic arrangements that constrain indigenous peoples within the Western imagination, without any hope of them reconstructing their identities according to their own visions, or whether they can be seen as political tools and representational strategies used by indigenous peoples in their struggle for greater rights to their land, territories and resources, and for more political space. This volume will be of great interest to students and scholars of environmental law, indigenous peoples, biodiversity conservation and environmental anthropology. It will also be of great use to professionals and policymakers involved in environmental management and the protection of indigenous rights. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license
Environmental Justice and the Rights of Ecological Refugees by Laura Westra Pdf
Climate change and other environmental problems are increasingly leading to the displacement of populations from their homelands, whether through drought, flooding, famine or other causes. Worse, there is currently no protection in international law for people made refugees by such means. Following on from her previous explorations of environmental justice as it relates to future generations and indigenous peoples, Laura Westra now turns her attention to the plight of ecological refugees. In Part I, Westra provides an overview of what defines an ecological refugee and their present legal status. Part II goes into greater depth as to who the vulnerable are and what protection they have in international law. Part III looks to the future, advocating a comprehensive approach to the problem. With extensive examples and analysis, this is a compelling treatment that will be indispensable for legal professionals, government and business leaders, academics and students of the role of law in the protection of the rights of refugees.
International Environmental Justice by Frederick D. Gordon,Gregory Freeland Pdf
This edited volume offers insight into the fourth generation of international human rights by providing an international and interdisciplinary perspective as to how and what extent have indigenous peoples rights been realised and, if not, what can be done to rectify the situation.
Environmental Justice as Decolonization by Julia Miller Cantzler Pdf
This book corrects the tendency in scholarly work to leave Indigenous peoples on the margins of discussions of environmental inequality by situating them as central activists in struggles to achieve environmental justice. Drawing from archival and interview data, it examines and compares the historical and contemporary processes through which Indigenous fishing rights have been negotiated in the United States, Australia and New Zealand, where three unique patterns have emerged and persist. It thus reveals the agential dynamics and the structural constraints that have resulted in varying degrees of success for Indigenous communities who are struggling to define the terms of their rights to access traditionally harvested fisheries, while also gaining economic stability through commercial fishing enterprises. Presenting rich narratives of conquest and resistance, domination and resilience, and marginalization and revitalization, the author uncovers the fundamentally cultural, political and ecological dynamics of colonization and explores the key mechanisms through which Indigenous assertions of rights to natural resources can systematically transform enduring political and cultural vestiges of colonization. A study of environmental justice as a fundamental ingredient in broader processes of decolonization, Environmental Justice as Decolonization will appeal to scholars of sociology, anthropology, environmental studies, law and Indigenous studies.
Indigenous Peoples and Climate Justice by Giada Giacomini Pdf
This book provides a new interpretation of international law specifically dedicated to Indigenous peoples in the context of a climate justice approach. The book presents a critical analysis of past and current developments at the intersection of human rights and international environmental law and governance. The book suggests new ways forward and demonstrates the need for a paradigmatic shift that would enhance the meaningful participation of Indigenous peoples as fundamental actors in the conservation of biodiversity and in the fight against climate change. The book offers guidance on a number of critical intersecting and interdependent issues at the forefront of climate change law and policy – inside and outside of the UN climate change regime. The author suggests that the adoption of a critical perspective on international law is needed in order to highlight inherent structural and systemic issues of the international law regime which are all issues that ultimately impede the pursue of climate justice for Indigenous peoples.
Indigenous Peoples, Customary Law and Human Rights - Why Living Law Matters by Brendan Tobin Pdf
This highly original work demonstrates the fundamental role of customary law for the realization of Indigenous peoples’ human rights and for sound national and international legal governance. The book reviews the legal status of customary law and its relationship with positive and natural law from the time of Plato up to the present. It examines its growing recognition in constitutional and international law and its dependence on and at times strained relationship with human rights law. The author analyzes the role of customary law in tribal, national and international governance of Indigenous peoples’ lands, resources and cultural heritage. He explores the challenges and opportunities for its recognition by courts and alternative dispute resolution mechanisms, including issues of proof of law and conflicts between customary practices and human rights. He throws light on the richness inherent in legal diversity and key principles of customary law and their influence in legal practice and on emerging notions of intercultural equity and justice. He concludes that Indigenous peoples’ rights to their customary legal regimes and states’ obligations to respect and recognize customary law, in order to secure their human rights, are principles of international customary law, and as such binding on all states. At a time when the self-determination, land, resources and cultural heritage of Indigenous peoples are increasingly under threat, this accessible book presents the key issues for both legal and non-legal scholars, practitioners, students of human rights and environmental justice, and Indigenous peoples themselves.