Tag Archives: environment

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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Environmental Technologies, Intellectual Property and Climate Change (ed. Abbe E. L. Brown)

Editor

Abbe E.L. Brown

Keywords

development studies, law and development, environment, climate change, innovation and technology, technology and ict, academic law, environmental law, human rights, intellectual property law, law and development, politics and public policy, human rights

Abstract

Many disciplines are relevant to combating climate change. This challenging book draws together legal, regulatory, geographic, industrial and professional perspectives and explores the role of technologies in addressing climate change through mitigation, adaptation and information gathering. It explores some key issues. Is intellectual property part of the solution, an obstacle to change or peripheral? Are there more important questions? Do they receive the attention they deserve? And from whom? This innovative book will play an important role in stimulating holistic discussion and action on an issue of key importance to society.

1. Low carbon futures for all? Strategic options for global availability of environmental technologies 29 Keith Culver

2. The puzzling persistence of the intellectual property right/climate change relationship 59 Navraj Singh Ghaleigh

3. Failure is not an option: enhancing the use of intellectual property tools to secure wider and more equitable access to climate change technologies 84 Jon P. Santamauro

4. Partnership and sharing: beyond mainstream mechanisms 108 Anna Davies

5. Public–private partnerships for wider and equitable access to climate technologies 128 Elisa Morgera and Kati Kulovesi

6. Climate change, technology transfer and intellectual property rights: a modest exercise in thinking outside the box 152 Krishna Ravi Srinivas

7. Access to essential environmental technologies and poor communities: why human rights should be prioritized 181 Oche Onazi

8. Achieving greater access: a new role for established legal principles? 198 Abbe E.L. Brown

9. The ‘new normal’: food, climate change and intellectual property 223 Baskut Tuncak

10. Intellectual property: property rights and the public interest 249 James McLean

11. A view from inside the renewable energy industry 265 Mervyn D. Jones

12. A private institutional investment perspective 271 David A. McGrory

Citation

2013. Environmental Technologies, Intellectual Property and Climate Change, ed. Abbe E. L. Brown. Cheltenham: Elgar.

Paper

Environmental Technologies, Intellectual Property and Climate Change

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Indigenous Peoples and the Environment: Convergence from a Nordic Perspective (L. Watters)

Author

Lawrence Watters

Keywords

indigenous rights, environment, legal systems, globalisation, internationalization, Sami, sovereignty

Abstract

Part I of the article introduces the larger picture and the process of transition in which indigenous peoples like the Sami are found. The discussion focuses on both the convergence of legal systems generally which influence the protection of indigenous peoples in international and domestic law and the concomitant impacts related to the concentration of new forces from trade, technology and communications, or, in a word, globalization. These dynamics, in concert with the ‘internationalization’ of the environment, have special consequences for indigenous peoples.

Part II considers the Sami heritage, prior to contemporary conflicts. The evolution of their status is highlighted with developments
in the law at the domestic level. Part III moves from the past, considering the topography of the protection for indigenous
peoples like the Sami in international conventions, emphasizing the emerging, shared perspective of states toward the special status
of indigenous peoples. This includes the process of change in traditional notions of sovereignity as states recognize new imperatives on behalf of the environment, culture and human rights. Part IV shifts from consideration of the larger framework to its
contemporary implementation in Norway concerning the Sami, natural resources and the environment. Part V examines the outcome of this process in a preliminary critique, assessing the implementation of the principles and standards for the protection of the Sami as well as the next stage in the resolution of issues relating to governance within the context of sovereignity and
self-determination.

Citation

(2002) UCLA Journal of Environmental Law and Policy 20 pp. 237-304

Paper

Indigenous Peoples and the Environment: Convergence from a Nordic Perspective

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The Roots of Influence: Nongovernmental Organizations and the Relationship Between Human Rights and the Environment (C. Tracy)

Author

Christopher Tracy

Keywords

NGOs, non-governmental organisations, human rights, environment, dignity, future generations, indigenous right, environmental protection, Rio, legitimacy, international relations

Extract

“Part I of this Article will address the history and development of NGOs. Particular attention will be given to the rationale espoused by various NGOs for their participation in certain global concerns or activities. The connections between human rights and environment NGOs will be discussed, as will the reason for this connection – namely, a “dignity” concern for living human beings, the living plant, those yet to be born and the future of this world. This connection between human rights and environmental organizations is most evident in the protection of indigenous peoples and their traditional lands.

Part II will continue the discussion by examining links between human rights and the environmental in international instruments. Although, there have been numerous connections made in previous human rights and environmental documents, the focus here will be on the developments made in Rio.

Part III will examine the tensions arising out of attempts to prioritize when human rights and environment concerns are to be addressed […]

Part IV will suggest that the NGOs’ diverse participation should continue well into the future before any major prioritization will have to occur. […]

This discussion will conclude with the suggestion that NGO involvement in the international regime will continue to grow and, as it does, a balance must be sought between legitimacy in action and vitality in mission” (pp. 24-25)

Citation

(1994) Journal of International Law and Practice 3 pp. 21-46

Paper

The Roots of Influence: Nongovernmental Organizations and the Relationship Between Human Rights and the Environment

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Maori Cultural Rights in Aotearoa New Zealand: Protecting the Cosmology that Protects the Environment (C. J. I. Magallanes)

Author(s)

Catherine J. Iorns Magallanes

Keywords

environment, indigenous, Maori, Waitangi, personality, Waikato, Whanganui, Te Urewera, reparations, human rights

Abstract

This paper first addresses indigenous beliefs about humans’ relationship with nature and thus their place in the world, and how the indigenous cosmology contrasts with the dominant and prevailing Western and liberal ideas.

The paper next addresses the New Zealand examples of the recognition of the right of Maori to have their cosmology upheld in NZ law. In order to understand the current position and how it arose, the history of the Treaty of Waitangi is explained, as is the mechanism adopted to address the Maori grievances arising from its many breaches by the New Zealand government.

Next, different aspects of NZ law are addressed, from recognition of Maori interests and thus cosmology in mainstream resource management decisionmaking, to special arrangements designed specifically to implement Maori cosmology in the management of NZ’s natural resources. It is these special arrangements in particular which environmentalists have focused on because some recent examples have recognised in law the Maori view that the natural environment should be treated more as a person — indeed, as a relative — rather than simply as a resource. These examples from New Zealand illustrate ways in which the law can be used to implement and incorporate indigenous cosmologies with a Western society and legal system and better protect the natural environment in the process.

Citation

(2015) 21 Widener Law Review 2 pp.273-327.

Paper

Maori Cultural Rights in Aotearoa New Zealand: Protecting the Cosmology that Protects the Environment

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