Category Archives: Water

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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David Bollier, Think Like a Commoner: A Short Introduction to the Life of the Commons – Book Review (A. Grear)

Author

Anna Grear

Keywords

business as usual, collective commons, commoners, digital commons, dispossession, market, neoliberal ideology, norms, property rights, urban food production, values

Abstract

At a time when there is widespread disillusionment with ‘business as usual’, attention is turning, thanks in part to the high-profile publication of books such as Jeremy Rifkin’s, The Zero Marginal Cost Society, towards the notion of ‘collective commons’ as an
alternative paradigm to neoliberal free-market economics.

David Bollier’s book broadens the focus to identify the centrality of commons (and ‘commoning’) to an epochal shift in consciousness now emergent across the world. Such scholarship suggests that a fundamentally different mode of being appears to be surfacing from beneath neoliberal market hegemony and the assumptions of ‘business as usual’ – presenting a renaissance of something much more ancient in the light of which the free market economy and the rise of homo economicus stand revealed as a historical anomaly.

This book provides a short, engaging and important introduction to the commons and to the dynamics of commoning, while unsettling important mainstream assumptions underlying life in the ‘real world’ of neoliberal globalization and the duopoly of the state-market complex.

Citation

(2014) 5/2 Journal of Human Rights and the Environment 213-9

Paper

David Bollier, Think Like a Commoner – Book Review

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Metabolic Urbanism and Environmental Justice: The Water Conundrum in Bangalore, India (V.K. Mehta, R. Goswami, E. Kemp-Benedict, S. Muddu, and D. Malghan)

Authors

V.K. Mehta, R. Goswami, E. Kemp-Benedict, S. Muddu, and D. Malghan

Keywords

Water, India, Metabolic Urbanism, Environmental Justice

Abstract

Environmental Justice is the essential peer-reviewed journal that explores the equitable treatment of all people, especially minority and low-income populations, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies. Published bimonthly

Citation

(2014) 7(5) Environmental Justice 130-137

Paper

Metabolic Urbanism and Environmental Justice: The Water Conundrum in Bangalore, India

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Human Rights and the Evolution of Global Environmental Law (R.V. Percival)

Author

Robert V. Percival

Keywords

environmental concerns, environmental standards, human rights, international law

Abstract

Environmental problems that jeopardize the health of humans increasingly implicate concerns that have played an important role in the development of international human rights. While some have questioned the wisdom or effectiveness of focusing human rights concerns on environmental problems, it seems an inevitable response to the failure of many countries to protect their citizens adequately from harm caused by environmental degradation. This paper reviews efforts to apply human rights concerns to environmental problems. It describes how these developments illustrate the growth of a kind of “global environmental law” that blurs traditional distinctions between domestic and international law and public and private law. It explores how principles of human rights are influencing the evolution of global environmental law with particular emphasis on the emerging right of humans to access adequate supplies of safe water.

The chapter concludes that environmental standards can be expected to improve significantly in the developing world as countries devote greater effort to upgrading their legal and technological infrastructures to prevent environmental harm. Although the growing global recognition of human rights to a clean and healthy environment is encouraging, full achievement of its promise must depend for the immediate future on the development of enforceable domestic laws. Yet as governments and environmental NGOs increasingly coordinate their efforts through global networks, global environmental law will continue to evolve to promote a healthier planet with greater respect for human rights.

Citation

R. V. Percival, Human Rights and the Evolution of Global Environmental Law (2013). Subhram Rajkhowa and Stuti Deka, eds., Economic, Social & Cultural Rights, vol. 2. Eastern Book House, Guwahati, India, 2013; U of Maryland Legal Studies Research Paper No. 2012-66

Paper

Human Rights and the Evolution of Global Environental Law

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The Human Right to Water (M. Fitzmaurice)

Author(s)

Malgosia Fitzmaurice

Keywords

human right to a clean environment, human right to water, implementation, legal status

Abstract

In the context of the contentious issue surrounding the legal status and implementation of the general human right to a clean environment, the human right to water is probably the most disputed. Much has been written about a human right to water, but no firm conclusions have been drawn as to its existence, as the practice of States in this respect is very limited.

Citation

(2006-7) 18 Fordham Environmental Law Review 537

Paper

The Human Right to Water

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