Te Urewera

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Encircled Lands

Author : Judith Binney
Publisher : Bridget Williams Books
Page : 670 pages
File Size : 45,9 Mb
Release : 2021-05-07
Category : History
ISBN : 9781927131084

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Encircled Lands by Judith Binney Pdf

For Europeans during the nineteenth century, the Urewera was a remote wilderness; for those who lived there, it was a sheltering heartland. This history documents the first hundred years of the ‘Rohe Pōtae’ (the ‘encircled lands’ of the Urewera) following European contact. After large areas of land were lost, the Urewera became for a brief period an autonomous district, governed by its own leaders. But in 1921–22, the Urewera District Native Reserve was abolished in law. Its very existence became largely forgotten – except in local memory. Recovering this history from a wealth of contemporary documents, many written by Urewera leaders, Encircled Lands contextualises Tūhoe’s quest for a constitutional agreement that restores their authority in their lands.

Indigenous Rights in Modern Landscapes

Author : Lars Elenius,Christina Allard,Camilla Sandström
Publisher : Taylor & Francis
Page : 236 pages
File Size : 44,6 Mb
Release : 2016-11-10
Category : Law
ISBN : 9781317059684

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Indigenous Rights in Modern Landscapes by Lars Elenius,Christina Allard,Camilla Sandström Pdf

This book examines the diverse use of Indigenous customary rights in modern landscapes from a multidisciplinary perspective. Divided into two parts, the first deals explicitly with Sámi customary rights in relation to nature conservation in the Nordic countries and Russia from a legal and historical perspective. The authors investigate how longstanding Sámi customary territorial rights have been reassessed in the context of new kinds of legislation regarding Indigenous people. They also look at the ideas behind the historical models of nature conservation. The second part deals with the ideas and implementation of new kinds of postcolonial models of nature conservation. The case of the Sámi is compared with other Indigenous people internationally with cases from Australia, New Zealand, Canada and India. The work investigates how the governance of protected areas has been influenced by the principles of equality and positive discrimination, and how it has affected the possibilities of establishing adaptive co-management arrangements for specific areas. How the legal situation of Indigenous peoples has been recognised in an international context is also investigated. The volume provides a multidisciplinary analysis of how the customary livelihood of Indigenous people has adapted to modern industrialised landscapes and also how postcolonial approaches have contributed to global changes of Indigenous rights and nature conservation models.

Environmental Constitutionalism in the Anthropocene

Author : Domenico Amirante,Silvia Bagni
Publisher : Routledge
Page : 285 pages
File Size : 42,8 Mb
Release : 2022-04-03
Category : Law
ISBN : 9781000567427

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Environmental Constitutionalism in the Anthropocene by Domenico Amirante,Silvia Bagni Pdf

This book examines the relationship between man and nature through different cultural approaches to encourage new environmental legislation as a means of fostering acceptance at a local level. In 2019, the International Union of Geological Sciences (IUGS) recognised that we have entered a new era, the Anthropocene, specifically characterised by the impact of one species, mankind, on environmental change. The Anthropocene is penetrating the discourse of both hard sciences and humanities and social sciences, by posing new epistemological as well as practical challenges to many disciplines. Legal sciences have so far been at the margins of this intellectual renewal, with few contributions on the central role that the notion of Anthropocene could play in forging a more effective and just environmental law. By applying a multidisciplinary approach and adopting a Law as Culture paradigm to the study of law, this book explores new paths of investigation and possible solutions to be applied. New perspectives for the constitutional framing of environmental policies, rights, and alternative methods for bottom-up participatory law-making and conflict resolution are investigated, showing that environmental justice is not just an option, but an objective within reach. The book will be essential reading for students, academics, and policymakers in the areas of law, environmental studies and anthropology.

The Rights of Nature

Author : David R. Boyd
Publisher : ECW Press
Page : 211 pages
File Size : 52,8 Mb
Release : 17-09-05
Category : Nature
ISBN : 9781770909663

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The Rights of Nature by David R. Boyd Pdf

An important and timely recipe for hope for humans and all forms of life Palila v Hawaii. New ZealandÕs Te Urewera Act. Sierra Club v Disney. These legal phrases hardly sound like the makings of a revolution, but beyond the headlines portending environmental catastrophes, a movement of immense import has been building Ñ in courtrooms, legislatures, and communities across the globe. Cultures and laws are transforming to provide a powerful new approach to protecting the planet and the species with whom we share it. Lawyers from California to New York are fighting to gain legal rights for chimpanzees and killer whales, and lawmakers are ending the era of keeping these intelligent animals in captivity. In Hawaii and India, judges have recognized that endangered species Ñ from birds to lions Ñ have the legal right to exist. Around the world, more and more laws are being passed recognizing that ecosystems Ñ rivers, forests, mountains, and more Ñ have legally enforceable rights. And if nature has rights, then humans have responsibilities. In The Rights of Nature, noted environmental lawyer David Boyd tells this remarkable story, which is, at its heart, one of humans as a species finally growing up. Read this book and your world view will be altered forever.

Climate Change and the Voiceless

Author : Randall S. Abate
Publisher : Cambridge University Press
Page : 261 pages
File Size : 42,5 Mb
Release : 2019-10-24
Category : Business & Economics
ISBN : 9781108480116

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Climate Change and the Voiceless by Randall S. Abate Pdf

Identifies the common vulnerabilities of the voiceless and demonstrates how the law can evolve to protect their interests more effectively.

Law and the Epistemologies of the South

Author : Boaventura de Sousa Santos
Publisher : Cambridge University Press
Page : 823 pages
File Size : 51,8 Mb
Release : 2023-05-31
Category : Law
ISBN : 9781107157866

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Law and the Epistemologies of the South by Boaventura de Sousa Santos Pdf

Offers a radical critique of exclusionary state law and proposes an epistemic, theoretical and political alternative.

The Right Relationship

Author : John Borrows,Michael Coyle
Publisher : University of Toronto Press
Page : 440 pages
File Size : 41,5 Mb
Release : 2017-03-17
Category : Political Science
ISBN : 9781442630239

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The Right Relationship by John Borrows,Michael Coyle Pdf

The relationship between Canada’s Indigenous peoples and the Canadian government is one that has increasingly come to the fore. Numerous tragic incidents and a legacy of historical negligence combined with more vehement calls for action is forcing a reconsideration of the relationship between the federal government and Indigenous nations. In The Right Relationship, John Borrows and Michael Coyle bring together a group of renowned scholars, both indigenous and non-indigenous, to cast light on the magnitude of the challenges Canadians face in seeking a consensus on the nature of treaty partnership in the twenty-first century. The diverse perspectives offered in this volume examine how Indigenous people’s own legal and policy frameworks can be used to develop healthier attitudes between First Peoples and settler governments in Canada. While considering the existing law of Aboriginal and treaty rights, the contributors imagine what these relationships might look like if those involved pursued our highest aspirations as Canadians and Indigenous peoples. This timely and authoritative volume provides answers that will help pave the way toward good governance for all.

Plants, People, and Places

Author : Nancy J. Turner
Publisher : McGill-Queen's Press - MQUP
Page : 480 pages
File Size : 53,6 Mb
Release : 2020-08-20
Category : Social Science
ISBN : 9780228003175

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Plants, People, and Places by Nancy J. Turner Pdf

For millennia, plants and their habitats have been fundamental to the lives of Indigenous Peoples - as sources of food and nutrition, medicines, and technological materials - and central to ceremonial traditions, spiritual beliefs, narratives, and language. While the First Peoples of Canada and other parts of the world have developed deep cultural understandings of plants and their environments, this knowledge is often underrecognized in debates about land rights and title, reconciliation, treaty negotiations, and traditional territories. Plants, People, and Places argues that the time is long past due to recognize and accommodate Indigenous Peoples' relationships with plants and their ecosystems. Essays in this volume, by leading voices in philosophy, Indigenous law, and environmental sustainability, consider the critical importance of botanical and ecological knowledge to land rights and related legal and government policy, planning, and decision making in Canada, the United States, Sweden, and New Zealand. Analyzing specific cases in which Indigenous Peoples' inherent rights to the environment have been denied or restricted, this collection promotes future prosperity through more effective and just recognition of the historical use of and care for plants in Indigenous cultures. A timely book featuring Indigenous perspectives on reconciliation, environmental sustainability, and pathways toward ethnoecological restoration, Plants, People, and Places reveals how much there is to learn from the history of human relationships with nature.

The Frontiers of Public Law

Author : Jason NE Varuhas,Shona Wilson Stark
Publisher : Bloomsbury Publishing
Page : 640 pages
File Size : 40,9 Mb
Release : 2020-01-09
Category : Law
ISBN : 9781509930388

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The Frontiers of Public Law by Jason NE Varuhas,Shona Wilson Stark Pdf

This major collection contains selected papers from the third Public Law Conference, an international conference hosted by the University of Melbourne in July 2018. The collection includes contributions by leading academics and senior judges from across the common law world, including Australia, Canada, New Zealand, the United Kingdom and the United States. The collection explores the frontiers of public law, examining cutting-edge issues at the intersection of public law and other fields. The collection addresses four principal frontiers: public law and international law; public law and indigenous peoples; public law and other domestic fields, specifically criminal law and private law; and public law and public administration. In common with the two books from the previous Public Law Conferences, this collection offers authoritative insights into the most important issues emerging in public law, and is essential reading for those working in the field.

The Politics of Rights of Nature

Author : Craig M. Kauffman,Pamela L. Martin
Publisher : MIT Press
Page : 291 pages
File Size : 55,5 Mb
Release : 2021-08-17
Category : Political Science
ISBN : 9780262366595

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The Politics of Rights of Nature by Craig M. Kauffman,Pamela L. Martin Pdf

How Rights of Nature laws are transforming governance to address environmental crises through more ecologically sustainable approaches to development. With the window of opportunity to take meaningful action on climate change and mass extinction closing, a growing number of communities, organizations, and governments around the world are calling for Rights of Nature (RoN) to be legally recognized. RoN advocates are creating new laws that recognize natural ecosystems as subjects with inherent rights, and appealing to courts to protect those rights. Going beyond theory and philosophy, in this book Craig Kauffman and Pamela Martin analyze the politics behind the creation and implementation of these laws, as well as the effects of the laws on the politics of sustainable development. Kauffman and Martin tell how community activists, lawyers, judges, scientists, government leaders, and ordinary citizens have formed a global movement to advance RoN as a solution to the environmental crises facing the planet. They compare successful and failed attempts to implement RoN at various levels of government in six countries--Bolivia, Colombia, Ecuador, India, New Zealand, and the United States--asking why these laws emerged and proliferated in the mid-2000s, why they construct RoN differently, and why some efforts at implementation are more successful than others. As they analyze efforts to use RoN as a tool for constructing more ecocentric sustainable development, capable of achieving the 2030 Agenda for Sustainable Development goal of living "in harmony with Nature," Kauffman and Martin show how RoN jurisprudence evolves through experimentation and reshapes the debates surrounding sustainable development.

Earth Law

Author : Anthony R. Zelle,Grant Wilson,Rachelle Adam,Herman F. Greene
Publisher : Aspen Publishing
Page : 952 pages
File Size : 47,7 Mb
Release : 2020-09-18
Category : Law
ISBN : 9781543820690

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Earth Law by Anthony R. Zelle,Grant Wilson,Rachelle Adam,Herman F. Greene Pdf

Earth Law: Emerging Ecocentric Law—A Guide for Practitioners is a book for students and practicing lawyers who seek to preserve a habitable planet and question whether current environmental law is sufficient for the task. Earth law is the emerging body of ecocentric law for protecting, restoring, and stabilizing the functional interdependency of Earth’s life and life-support systems. Earth law may be expressed in constitutional, statutory, common law, and customary law, as well as in treaties and other agreements both public and private. It is a rapidly developing field in many nations, municipalities, Indigenous communities, and international institutions. This course of study is for students and lawyers who know that nature and human environmental rights need to have seats at the table of law—in courts, legislatures, administrative bodies, enforcement agencies, and civil society. Professors and students will benefit from: The first legal coursebook comprehensively addressing ecocentric law and jurisprudence Thorough exploration of critical, rapidly evolving topics such as rights of future generations, atmospheric trust litigation, the public trust doctrine, ecocide, the climate necessity defense, Indigenous legalities, and rights of nature laws in their many forms Expansive examination of the settings in which Earth law is developing and the principles of Earth jurisprudence on which it is based A penetrating critique of environmental law frameworks developed since the 1970s. Practical and theoretical foundations for developing systems of ecological governance and the ethical responsibilities of lawyers, individually and collectively Accumulated knowledge, experience, and perspective of more than 20 authors and editors active in the field Practical tools for the Earth law practitioner’s toolbox

Modern Studies in Property Law

Author : Heather Conway,Robin Hickey
Publisher : Bloomsbury Publishing
Page : 352 pages
File Size : 53,6 Mb
Release : 2017-07-27
Category : Law
ISBN : 9781782257561

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Modern Studies in Property Law by Heather Conway,Robin Hickey Pdf

This book contains a collection of peer-reviewed papers presented at the Eleventh Biennial Modern Studies in Property Law Conference held at Queen's University Belfast in April 2016. It is the ninth volume to be published under the name of the Conference. The Conference and its published proceedings have become an established forum for property lawyers from around the world to showcase current research in the discipline. This collection reflects the diversity and contemporary relevance of modern research in property law. Following a foreword from the keynote speaker at the Conference, Queen's alumnus Lord Kerr of Tonaghmore, the chapters address a range of issues, from the nature of land law and property rights, through claims to the home and digital assets, to the growing debate on the nature of public property. Collectively the chapters demonstrate the vibrancy and importance of property law in dealing with modern concerns across the common law world.

A Legal Personality for the St. Lawrence River and other Rivers of the World

Author : Yenny Vega Cárdenas,Daniel Turp
Publisher : Editions JFD
Page : 544 pages
File Size : 46,8 Mb
Release : 2023-03-15
Category : Law
ISBN : 9782897995096

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A Legal Personality for the St. Lawrence River and other Rivers of the World by Yenny Vega Cárdenas,Daniel Turp Pdf

In the wake of the recognition of the Whanganui River in New Zealand, the Ganges and Yamuna Rivers in India, the Yarra River in Australia and the Atrato River in Colombia as «subjects of rights», the International Observatory on Nature’s Rights has initiated a reflection on the possibility of recognizing the St. Lawrence River, the «path that walks» as it is called by the First Nations, as a «legal person». The texts in this collective work deal with the implications of attributing a legal personhood and rights to the St. Lawrence River, delve into the epistemological foundations of the paradigm of the recognition of the rights of Nature and present concrete cases of recognition of rivers as subjects of law. Written by experts from several countries where the recognition of the legal personhood of rivers has occurred to date, they take an in-depth look at the challenges and contributions of this paradigm shift in river protection. This book answers questions about the implications of such recognition and contributes to the process of building a new law that has just begun in Quebec and Canada with the adoption in February 2021 of resolutions conferring the status of «legal person» on the MagPie/ Muteshekau Shipu River located on the North Shore of Quebec and on the Nitassinan (ancestral territory) of two Innu communities, Ekuanitshit and Uashat mak Mani-utemam. Contributions : Inès Bennada, David Cordero Heredia, Teresa Vicente Giménez, Stratégies Saint-Laurent, Isabelle Delainey, Uapukun Mestokosho, Sylvain Gaudreault, Andrew Galliano, Nathalia Parra, Bianca De Marchi Moyano, Hugo Muñoz, Danaé Espinoza, Erin O’Donnell, Brettel Dawson, Shrishtee Bajpai, Rébecca Pétrin, Sokhna Sene, Victor David, Daniel Turp and Yenny Vega Cárdenas.

Unlocking Environmental Law

Author : Simon Sneddon
Publisher : Taylor & Francis
Page : 408 pages
File Size : 53,6 Mb
Release : 2023-11-08
Category : Law
ISBN : 9781000989458

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Unlocking Environmental Law by Simon Sneddon Pdf

Unlocking Environmental Law is the essential introduction to this fascinating, controversial, and fast-moving area of contemporary law, ensuring that you grasp the main concepts with ease. Containing accessible explanations in clear and precise terms that are easy to understand, it provides an excellent foundation for learning and revising Environmental Law. Split into three parts, the book outlines the philosophical foundations of environmental law, and how these have influenced political decision-making. The information is clearly presented in a logical structure and the following features support learning, helping you to advance with confidence: • clear learning outcomes at the beginning of each chapter set out the skills and knowledge you will need to get to grips with the subject; • key facts boxes throughout each chapter allow you to progressively build and consolidate your understanding; • end-of-chapter summaries provide a useful check-list for each topic; •cases and judgments are highlighted to help you find them and add them to your notes quickly; • frequent activities and self-test questions and sample essay questions are included so you can put your knowledge into practice; • a brand new ‘critiquing the law’ feature is designed to foster essential critical thinking skills. Charting the development of regulations, examining emerging and future trends for environmental law, and looking at specific areas of law, including air pollution, climate change, laws around water, and the regulation of social and private space, this concise, accessible text is ideal for anyone new to environmental law.

Understanding the Rights of Nature

Author : Mihnea Tanasescu
Publisher : transcript Verlag
Page : 169 pages
File Size : 52,6 Mb
Release : 2022-01-31
Category : Political Science
ISBN : 9783839454312

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Understanding the Rights of Nature by Mihnea Tanasescu Pdf

Rivers, landscapes, whole territories: these are the latest entities environmental activists have fought hard to include in the relentless expansion of rights in our world. But what does it mean for a landscape to have rights? Why would anyone want to create such rights, and to what end? Is it a good idea, and does it come with risks? This book presents the logic behind giving nature rights and discusses the most important cases in which this has happened, ranging from constitutional rights of nature in Ecuador to rights for rivers in New Zealand, Colombia, and India. Mihnea Tanasescu offers clear answers to the thorny questions that the intrusion of nature into law is sure to raise.