Category Archives: Community

Climate Change and Indigenous Peoples: The Search for Legal Remedies (eds. R. S. Abate and E. A. Kronk)

Editors

Randall S. Abate and Elizabeth Ann Kronk

Keywords

environment, climate change, environmental law, law – academic, environmental law, human rights, law and development, politics and public policy, human rights, Asia, Kenya, Arctic, South America, Pacific Island Nations, Australia, New Zealand, Africa, indigenous rights, sovereignty, climate justice, adaptation, equality, water rights, Aboriginal communities

Abstract

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).

PART I INTRODUCTORY CONTEXT AND PRINCIPLES
1. Commonality among unique indigenous communities: an
introduction to climate change and its impacts on indigenous
peoples 3
Randall S. Abate and Elizabeth Ann Kronk
2. Introduction to international and domestic climate change
regulation 19
Deepa Badrinarayana
3. Introduction to indigenous peoples’ status and rights under
international human rights law 39
Lillian Aponte Miranda
4. Introduction to indigenous sovereignty under international
and domestic law 63
Eugenia Charles-Newton and Elizabeth Ann Kronk
5. Climate change and indigenous peoples: comparative models
of sovereignty 79
Rebecca Tsosie
6. Indigenous environmental knowledge and climate change
adaptation 96
Maxine Burkett

Climate change and indigenous peoples
PART II GLOBAL PERSPECTIVES
International Organizations
7. REDD+: its potential to melt the glacial resistance to
recognize human rights and indigenous peoples’ rights at the
World Bank 123
Leonardo A. Crippa
South America
8. REDD+ and indigenous peoples in Brazil 151
Andrew Long
9. REDD+: climate justice or a new face of manifest destiny?
Lessons drawn from the indigenous struggle to resist
colonization of Ojibwe Forests in the nineteenth and twentieth
centuries 178
Philomena Kebec
Lower 48 States of the United States of America
10. Natural resource development and indigenous peoples 199
Sarah Krakoff and Jon-Daniel Lavallee
11. Climate change and tribal water rights: removing barriers to
adaptation strategies 218
Judith V. Royster
Arctic
12. Canadian indigenous peoples and climate change: the
potential for Arctic land claims agreements to address
changing environmental conditions 243
Sophie Thériault
13. America’s Arctic: climate change impacts on indigenous
peoples and subsistence 263
Peter Van Tuyn
14. The Saami facing the impacts of global climate change 287
Irina L. Stoyanova
15. Complexities of addressing the impacts of climate change on
indigenous peoples through international law petitions: a case
study of the Inuit Petition to the Inter-American Commission
on Human Rights 313
Hari M. Osofsky

Pacific Island Nations
16. Climate change, legal governance and the Pacific Islands: an
overview 339
Erika J. Techera
17. Fiji: climate change, tradition and Vanua 363
Victoria Sutton
18. Islands in the stream: addressing climate change from a small
island developing state perspective 377
Clement Yow Mulalap
19. The rising tide of international climate litigation: an
illustrative hypothetical of Tuvalu v Australia 409
Keely Boom
Asia
20. The impacts of climate change on indigenous populations in
China and legal remedies 441
Wenxuan Yu, Jingjing Liu and Po Dong
21. Changing climate and changing rights: exploring legal and
policy frameworks for indigenous mountain communities in
Nepal to face the challenges of climate change 468
J. Mijin Cha
Australia and New Zealand
22. Climate change impacts to Aboriginal and Torres Strait
Islander communities in Australia 493
Megan Davis
23. Negotiating climate change: Māori, the Crown and New
Zealand’s Emission Trading Scheme 508
Naomi Johnstone
Africa
24. Climate change, law and indigenous peoples in Kenya:
Ogiek and Maasai narratives 535
Patricia Kameri-Mbote and Elvin Nyukuri

Citation

2013. Climate Change and Indigenous Peoples: The Search for Legal Remedies, eds. Randall S. Abate and Elizabeth Ann Kronk. Cheltenham: Elgar.

Paper

Climate Change and Indigenous Peoples: The Search for Legal Remedies

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Critical Reflections on Ownership (M. Warnock)

Author(s)

Mary Warnock

Keywords

ownership, gardens, Locke, Hume, philosophy, private ownership, common ownership, property, responsibility, global environmental degradation, Romantic Movement, nature

Abstract

In this thought provoking work, Mary Warnock explores what it is to own things, and the differences in our attitude to what we own and what we do not. Starting from the philosophical standpoints of Locke and Hume, the ownership of gardens is presented as a prime example, exploring both private and common ownership, historically and autobiographically. The author concludes that, besides pleasure and pride, ownership brings a sense of responsibility for what is owned and a fundamental question is brought to light: can we feel the same responsibility for what we do not, and never can, own? Applying this question to the natural world and the planet as a whole, a realistic and gradualist perspective is offered on confronting global environmental degradation. Critical Reflections on Ownership examines the effect of the Romantic Movement on our attitudes to nature and is a salient commentary on the history of ideas.

Citation

Warnock, Mary (2015) Critical Reflections on Ownership. Cheltenham: Elgar

Paper

Critical Reflections on Ownership

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The Need for an Interdisciplinary Approach to Norm Diffusion: The Case of Fair and Equitable Benefit-sharing (L. Parks and E. Morgera)

Authors

Louisa Parks and Elisa Morgera

Keywords

benefit-sharing, international law, environmental law, human rights law, human rights, oceans law, regulation, national law, regional law, indigenous peoples, local communities, norm diffusion, scholarship, conservation, sustainability, natural resources, power asymmetry

Abstract

No systematic study discusses the evolution of fair and equitable benefit-sharing across various areas of international law (environment, human rights, oceans), as well as at different levels of regulation (regional and national laws and guidelines, private law contracts, transboundary codes of conduct, customary laws of indigenous peoples and local communities). This article explores the usefulness of an interdisciplinary approach to the study of norm diffusion for understanding how and why fair and equitable benefit-sharing is articulated in different sites. The article discusses mechanisms, actors and frames in norm diffusion, drawing on literature from sociology, international relations and law. The article uncovers underlying similarities in scholarship on norm diffusion across the disciplines considered. It also reflects on the value of an interdisciplinary approach that encourages legal scholars to consider the implications of power structures in the diffusion of law, while the nuances of legal knowledge may lead other social scientists to revisit accepted findings on norm diffusion. These findings appear particularly useful for informing an assessment of the potential of fair and equitable benefit-sharing to promote the conservation and sustainable use of natural resources in a fair and equitable manner in the face of power asymmetries.

Citation

(2015) 24:3 Review of European, Comparative and International Environmental Law 353-367

Paper

The Need for an Interdisciplinary Approach to Norm Diffusion: The Case of Fair and Equitable Benefit-sharing

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Igloo As Icon: A Human Rights Approach to Climate Change for the Inuit? (J. Hohmann)

Author(s)

Jessie Hohmann

Keywords

right to housing, indigenous rights, human rights approach, climate change, cultural rights, aboriginal rights, native rights, identity, culture, cultural survival

Abstract

Global climate change has triggered a period of great instability in the Arctic. Indigenous communities are experiencing rapid social and cultural transformation: changes in the physical landscape are contributing to the relentless pressures on their traditional ways of life, which, in large part, are dependent on the persistence of snow and ice.

This paper is an exploration of what a ‘human rights approach’ to climate change can offer Inuit communities. It analyzes the potential contribution of the human right to housing, which recognizes that housing must be culturally adequate; that its location must allow access to employment and social facilities; and that certain services, materials, facilities and infrastructure must be available to the dwellers. This right takes on particular significance for the Inuit because of the iconic nature of their traditional homes and building materials and the location and climate specific nature of their ways of life. But can this right be harnessed to respond to the threats climate change poses to the ways of living of the Inuit without appealing to a static, traditional view of indigenous culture, a view that poses its own risks to the survival of their unique identity?

The paper mounts a critical analysis of the prospects and boundaries of the right to housing, so that the human rights strategies – both discursive and legal – that the Inuit are beginning to employ in the face of climate change can be pursued with greater awareness of their implications, and thus with greater prospects for success. Emerging attempts to link climate change with human rights around the globe give the issues addressed in this paper significance for other marginalized communities considering rights strategies in response to climate change, from Alaska to Bangladesh.

Citation

(2009) 18 Transnational Law and Contemporary Problems 295.

Paper

Igloo As Icon: A Human Rights Approach to Climate Change for the Inuit?

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Environmental Rights and International Peace: Protections of Biological and Cultural Diversity: Emerging Recognition of Local Community Rights in Ecosystems Under International Environmental Law (L. P. Breckenridge)

Author(s)

Lee. P. Breckenridge

Keywords

United Nations, UN, environmental protection, development, international policies, biological diversity, ecosystems, international peace, cultural diversity, local communities, community rights

Abstract

INTRODUCTION

The United Nations Conference on Environment and Development (UNCED) held in Rio de Janeiro in June 1992 forged a new consensus on international environmental policies to protect the world’s biological diversity and its most fragile ecosystems. The documents produced by UNCED (the Rio Declaration, 1Agenda 21, 2 and the Forest Principles 3 ) and the two conventions opened for signature at the conference (the Convention on Biological Diversity 4 and the Convention on Climate Change 5 ) all take important steps toward the formulation of international standards governing the use and management of living resources to preserve their diversity and renewability into the future.

The articulation of international environmental requirements is accompanied, strikingly, by a new recognition of local communities’ roles in protecting biological diversity and ecosystem viability. “Grassroots” empowerment has become a centerpiece of the environmental agenda. Throughout the UNCED documents, 6 a mandate for decentralization goes hand-in-hand with the centralization expressed in new international environmental norms and institutional mechanisms. International environmental law is emerging as a new source of authority for pluralism, and protection of biological diversity has become inextricably linked to protection of cultural diversity…

Citation

(1992) 59 Tennessee Law Review 735

Paper

Environmental Rights and International Peace: Protections of Biological and Cultural Diversity: Emerging Recognition of Local Community Rights in Ecosystems Under International Environmental Law

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