Tag Archives: Australia

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

Facebooktwittergoogle_pluspinterestlinkedintumblrmailFacebooktwittergoogle_pluspinterestlinkedintumblrmail

Regulating the Australian water market (V. Waye and C. Son)

Author(s)

Vicki Waye and Christina Son

Keywords

Water law, Utilities,  Australia, Regulatory bodies, Trading, Water governance, Water industry, Water supply

Abstract

Examines the regulatory framework introduced in Australia to develop a mature water market. Explores the development of the regulatory role of the Australian Competition and Consumer Commission and the implementation of legal measures to facilitate the promotion of water trading entitlements pursuant to the Water Act 2007, including the Water Market Rules, the Water Charge (Termination Fees) Rules, the Water Charge Rules and the Water Trading Rules. Discusses fair dealing between water suppliers and water users.

Citation

(2010) 22(3) Journal of Environmental Law 431-459

Paper

Regulating the Australian water market

Facebooktwittergoogle_pluspinterestlinkedintumblrmailFacebooktwittergoogle_pluspinterestlinkedintumblrmail

Greening Australian Workplaces: Workers and the Environment (V. Lambropoulos)

Author

Victoria Lambropoulos

Keywords

Australia, workers, environmental reform

Abstract

Workers have in the past have been seen as a hindrance to environmental reform. This has been primarily because of the fear of job loss. The job versus the environment dichotomy that has placed workers and trade unions against environmentalists is unhelpful and believed by many as outdated. Internationally, trade unions have worked together with the United Nations and other international bodies to ensure that the rights of workers have not been ignored in the climate change debate. Significantly workers are now seen as part of the answer. Workers are not a hindrance to environmental reform. Rather they are an important part of finding solutions to climate change and wider environmental sustainability measures in our community. The United Nations Environmental Programme report titled ‘Labour and the Environment; A Natural Synergy’ examines how workers and their representative trade unions can make a significant contribution towards promoting action on climate change and wider environmental sustainability measures in the workplace. The report outlines three broad recommendations which countries can implement to foster a growing ‘synergy’ between the interests of labour and protection of the environment. The advantage of the report is that it discusses the recommendations in the context of existing laws and general regulatory structures common to many countries including Australia. The first two recommendations draw upon labour laws whilst the third is in the area of company law. The first recommendation is the use of enterprise bargaining to incorporate clauses which protect and promote the environment in enterprise agreements commonly called ‘green friendly’ clauses. The second recommendation is the use of occupational health and safety laws as a vehicle for the promotion of environmental standards in the workplace. The third recommendation is the active engagement of corporate social responsibility principles by companies. This article discusses the recommendations in the context of Australian law.

Citation

(2009) 34 Alternative Law Journal

Paper

Greening Australian Workplaces: Workers and the Environment

Facebooktwittergoogle_pluspinterestlinkedintumblrmailFacebooktwittergoogle_pluspinterestlinkedintumblrmail

Wild law spreads like wildfire: Australia’s first conference on wild law (L. Rivers)

Author

Liz Rivers

Keywords

Environment, Australia, Conferences, Environmental law, Environmental protection, Wildlife

Abstract

Reports on Australia’s first conference on wild law held in October, 2009, listing the range of topics discussed including rights for nature, Aboriginal perspectives on Earth Jurisprudence and alternative dispute resolution. Details the views of participants after the conference and outlines plans to set up an annual conference.

Citation

(2010) 55 Environmental Law 30-31

Paper

Wild law spreads like wildfire: Australia’s first conference on wild law

Facebooktwittergoogle_pluspinterestlinkedintumblrmailFacebooktwittergoogle_pluspinterestlinkedintumblrmail

Environmental and Human Rights to Water in the Murray Darling Basin… (V. Tampapillai)

Author

Vinoli Thampapillai

Keywords

Water Act 2007 Water Amendment Act 2008; international water law; trade; environmental law; legal reforms.

Abstract

The Murray Darling Basin, Australia, famously described as Australia’s food bowl, suffered intense drought for the period 2001 to mid 2010. In late 2010 and early 2011 the drought ended, punctuated by severe flooding in the Northern basin and Southern Basin. Following a succession of water trading reforms which delivered limited gains during a period high water scarcity from the mid 1990s to 2004, the Australian Federal government recognized a need to engage in centralized management of the water resources of the Murray Darling Basin in 2007, enacting the Water Act 2007. The new legislation left power to grant water entitlements as property rights in the hands of Basin State governments. The key feature of the new Federal law is a Basin wide plan to be managed by a new Federal government agency, the Murray Darling Basin Authority.

The legislation was subsequently refined by the Water Amendment Act 2008, breaking ground by expressly recognizing the human right to water to serve critical human needs in water planning alongside delivering rights in environmental water flows which had been established in the original Federal law. The Water Act 2007 is also unique in setting mandatory requirements to produce socio-economic risk management strategies to address the impacts of sustainable diversion cuts to be made for the delivery of environmental flows under section 22, Items 3 and 5. In these two respects the Water Act 2007 and Water Amendment Act 2008 seek to balance humanrights to water in environmental flows, property, drinking water and for broader socio-economic security goals.

However room for reform within the Water Act 2007 and the Water Amendment Act 2008 remains. Two seminal principles of international water law which remains in its entirety customary law are missing, namely, the principles of reasonable and equitable utilization and no significant harm. The two legal principles are inherently bound to one another and express recognition of these principles is now clearly necessary for the management of disputes between Basin states. Furthermore both pieces of legislation, having been drafted during a period of extreme drought, now require a second set of amendments making express reference to the linkages between flood mitigation strategies and drought management.

This paper reviews the key features of the Water Act 2007 and the Water Amendment Act 2008, with reference to the critical literature, principles of international water law and, trade and environmental law, with a view establishing a need to engage in the development of more detailed legal reforms.

Citation

Working Paper Series (February 8, 2011)

Paper

Environmental and Human Rights to Water in the Murray Darling Basin: The Federal WaterWater Amendment Act 2008 and Lessons from International Water and Trade Law

Facebooktwittergoogle_pluspinterestlinkedintumblrmailFacebooktwittergoogle_pluspinterestlinkedintumblrmail