Tag Archives: Africa

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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Enhancing Environmental Protection and Socio-Economic Development in Africa: A Fresh Look at the Right to a General Satisfactory Environment under the African Charter on Human and People’s Rights (E. P. Amechi)

Author

Emeka Polycarp Amechi

Keywords

Africa, Article 24, Banjul Charter, contents, environmental protection, environment, poverty reduction, right to satisfactory environment, socio-economic development, sustainable development

Abstract

The African Charter to Human and Peoples’ Rights is an innovative document as it is the first human rights albeit regional instrument to provide for a substantive right to environment. However, the right as provided under the Charter is encumbered as it is linked to the promotion of development. Such linkage has led to the argument that the right can only be invoked where it will not infringe the requirements of socio-economic development. While this issue appears to have engaged the attention of most commentators, there has not been much enquiry into what the right aims to achieve and the implication for the achievement of sustainable development objectives including environmental protection and poverty reduction in Africa. This article therefore seeks to evaluate the utility of the right to the pursuit of sustainable development objectives in Africa.

Citation

(2009) 5 Law, Environment and Development Journal 58.

Paper

Enhancing Environmental Protection and Socio-Economic Development in Africa: A Fresh Look at the Right to a General Satisfactory Environment under the African Charter on Human and Peoples’ Rights

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Climate Change in Africa (C. Toulmin)

Author

Camilla Toulmin

Keywords

Global warming, Africa, poorest people, poverty, natural disasters, conflict over oil, biofuel

Abstract

Global warming above the level of two degrees Celsius would be enormously damaging for poorer parts of the world, leading to crises with crops, livestock, water supplies and coastal areas. Within Africa, it’s likely to be the continent’s poorest people who are hit hardest. In this accessible and authoritative introduction to an often-overlooked aspect of the environment, Camilla Toulmin uses case studies to look at issues ranging from natural disasters to biofuels, and from conflict to the oil industry. Finally, the book addresses what future there might be for Africa in a carbon-constrained world

Citation

Camilla Toulmin, Climate Change in Africa (Zed Books, 2009)

Book

Climate Change in Africa

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Implementing the UNCCD: towards a recipe for success (C. Bassett & J. Talafre)

Author(s)

Charles Bassett and Joana Talafre

Keywords

Environment;International law; Deserts; Environmental protection; Foreign investment; International development; International environmental law

Abstract

Comments on the lack of international political will to translate the provisions of the Convention to Combat Desertification in Those Countries Experiencing Serious Drought and/or Desertification, Particularly in Africa 1994, into international action. Reviews the obstacles to progress, highlighting the complexity of the global mechanism for sharing the costs of implementation and the competing approaches of different multilateral environmental agreements to the same problems. Considers possible solutions, including revision of the Convention’s objectives, and argues that showing how tackling land degradation issues can also promote socio economic developments will lead to a convergence of goals, mobilise international political will and increase investment.

Citation

(2003) 12(2) Review of European Community and International Environmental Law 133-139

Paper

Implementing the UNCCD: towards a recipe for success

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The international ban on ivory sales and its effects on elephant poaching in Africa (A.M. Lemieux & R.V. Clarke)

Author(s)

Andrew M. Lemieux and Ronald V. Clarke

Keywords

Animals;International law; Africa ; Endangered species; Marketing bans; Poaching

Abstract

Discusses the findings of research exploring the effectiveness of the international ban on ivory sales introduced by the Convention on International Trade in Endangered Species 1972 (CITES) in 1989 in increasing the elephant population in Africa. Considers the reasons for the variations in the impact of the ban on the elephant populations in the 37 African states where the animal is found, including the operation of “regulated” and “unregulated” ivory markets in some countries, and the effects of civil wars and corruption.

Citation

(2009) 49(4) British Journal of Criminology 451-471

Paper

The international ban on ivory sales and its effects on elephant poaching in Africa

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