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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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Human Rights and the Environment – Background Paper for the 13th Informal ASEM Seminar on Human Rights (BW Boer and A Boyle)

Authors

Ben W Boer and Alan Boyle

Keywords

Background paper, human rights and environment, interaction, crosscutting issues, sustainable development, access to information, participatory rights, actors, institutions, governance and climate change, Europe, Asia

Abstract

This Background Paper was prepared for the Asia-Europe Foundation‘s 13th Informal ASEM Seminar on Human Rights which took place in October 2013 in Copenhagen. It gives an overview of the topic of human rights and the environment and explores the interaction between these two fields. A number of crosscutting issues are identified. A fundamental set of questions concerns the relationship between human rights concepts and the need to protect and conserve the environment at international, regional and national levels. While many of the issues raised are presented from a legal perspective, clearly, a number of approaches can be taken to the interaction between human rights and the environment, for example from the point of view of ecology, political science, international relations, economics and sociology. The paper addresses four themes with examples drawn from the European and Asian regions: Sustainable Development, Environment and Human Rights; Access to Information, Participatory Rights and Access to Justice; Actors, Institutions and Governance and Climate Change and Human Rights Implications. The paper argues that while neither the European Union (EU) countries nor countries in the Asian region are by any means uniform in the development of human rights and environmental protection at a national level, there is a good deal more coherence in terms of a regional approach in Europe compared with Asia. In relation to human rights, this is in part because of the establishment of the European Court of Human Rights. In Asia, apart from the Intergovernmental Commission on Human Rights established by the Association of Southeast Asian Nations in 2009, no such regional structures exist. In the environmental realm, there is a reasonable amount of consistency in the development of environmental law across the European Union, because of the directives and regulations issued by the European Parliament and the oversight of the European Commission. In Asia, there is little capacity for region-wide or sub-region-wide environmental law-making, with the exception of the ASEAN member states. Differing social, cultural, political and economic circumstances in the European and Asian regions are the drivers of these distinctions.

Citation

Human Rights and the Environment – Background Paper for the 13th Informal ASEM Seminar on Human Rights (February 10, 2014). Sydney Law School Research Paper No. 14/14.

Paper

Human Rights and the Environment – Background Paper for the 13th Informal ASEM Seminar on Human Rights

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Preparing for a Warmer World: Towards a Global Governance System…(F. Biermann & I. Boas)

Author(s)

Frank Biermann (Vrije Universiteit Amsterdam , The Netherlands )

Ingrid Boas (Vrije Universiteit Amsterdam , The Netherlands )

Keywords

Climate change, refugee crisis, Africa , Asia , new governance, new legal instrument, funding mechanism, climate refugees

Abstract

Climate change threatens to cause the largest refugee crisis in human history. Millions of people, largely in Africa and Asia, might be forced to leave their homes to seek refuge in other places or countries over the course of the century. Yet the current institutions, organizations, and funding mechanisms are not sufficiently equipped to deal with this looming crisis. The situation calls for new governance. We outline and discuss in this article a blueprint for a global governance architecture for the protection and voluntary resettlement of climate refugees—defined as people who have to leave their habitats because of sudden or gradual alterations in their natural environment related to one of three impacts of climate change: sea-level rise, extreme weather events, and drought and water scarcity. We provide an extensive review of current estimates of likely numbers and probable regions of origin of climate refugees. With a view to existing institutions, we argue against the extension of the definition of refugees under the 1951 Geneva Convention Relating to the Status of Refugees. Key elements of our proposal are, instead, a new legal instrument specifically tailored for the needs of climate refugees—a Protocol on Recognition, Protection, and Resettlement of Climate Refugees to the United Nations Framework Convention on Climate Change—as well as a separate funding mechanism.

Citation

(2010) 10 Global Environmental Politics 60-88

Paper

Preparing for a Warmer World: Towards a Global Governance System to Protect Climate Refugees

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The Geopolitics of Resources Wars (P. Le Billon)

Author

Philippe Le Billon

Keywords

Resource wars; violence; resources exploitation; business practices

Abstract

This new book provides fresh and in-depth perspectives on so-called ‘resource wars’.

Highlighting the multiple forms of violence accompanying the history of resources exploitation, business practices supporting predatory regimes, insurgent groups and terrorists, this is an authoritative guide to the struggle for control of the world’s resources.

It includes key conceptual chapters and covers a wide range of case studies including:

* the geopolitics of oil control in the Middle East, Central Asia and Columbia,

* spaces of governance and ‘petro-violence’ in Nigeria

* ‘blood diamonds’ and other minerals associated with conflicts in Sierra Leone and the Congo.

This book was previously published as a special issue of the journal Geopolitics.

Citation

Philippe Le Billon, The Geopolitics of Resources Wars (Routledge, 2005)

Book

The Geopolitics of Resources Wars

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