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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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The Case of Awas Tingni v. Nicaragua: A New Step in the International Law of Indigenous Peoples (S. J. Anaya and C. Grossman)

Author(s)

S. James Anaya and Claudio Grossman

Keywords

indigenous communities, Nicaragua, Mayagna, sumo, environmental protection, equality, land rights, America, human rights systems, Awas Tingni, international law, logging, preservation of culture, natural resources, developing nations, displacement, sustainable development

Abstract

The people of Awas Tingni did not set about to forge an international
legal precedent with implications for indigenous peoples throughout the world, yet that is what they have done. Awas Tingni is one of numerous Mayagna, or Sumo, indigenous communities in the isolated Atlantic Coast region of Nicaragua. The Community has sought simply, but doggedly, to be secure in the peaceful possession of traditional lands. It has achieved a major step toward that
end, and more. The Community’s identity in the minds of outsiders is now merged with that of a landmark case, The Case of the Mayagna (Sumo) Awas Tingni Community v. Nicaragua, decided by the Inter-American Court of Human Rights on August 31, 2001.

Citation

(2002) 19 Arizona Journal of International and Comparative Law 1.

Paper

The Case of Awas Tingni v. Nicaragua: A New Step in the International Law of Indigenous Peoples

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Environment, Equality, and Indigenous Peoples’ Land Rights in the Inter-American Human Rights System: Mayagna (Sumo) Indigenous Community of Awas Tingni v. Nicaragua (J. A. Amiott)

Author

Jennifer A. Amiott

Keywords

indigenous communities, Nicaragua, Mayagna, sumo, environmental protection, equality, land rights, America, human rights systems, Awas Tingni, international law, logging, preservation of culture, natural resources, developing nations, displacement, sustainable development

Abstract

Through history, indigenous peoples have been assaulted physically and suffered discrimination; they have seen their cultures undermined, their lands stolen, and their economies plundered; moreover, their very existence as distinct communities has been threatened. International law has evolved, however modestly, to challenge the legacy of this history and the forces that would see it continue. 
 
Throughout the world, and in the developing world in particular, many indigenous peoples live in and use forests and other areas rich in natural resources. However, developing nations – often transitioning to democracy, fighting poverty, and under pressure from multinational corporations – may promote the “development” and exploitation of the resource-rich lands used and occupied by indigenous peoples living within their borders. This push for growth and lack of recognition of indigenous property rights can result in the degradation of ancestral landholdings, the displacement of indigenous peoples, the disintegration of traditional cultures, and the loss of biologically diverse forests. The struggle of the Mayagna (Sumo) Community of Awas Tingni (Awas Tingni Community or Awas Tingni) to protect its lands from a logging concession granted by Nicaragua highlights the failure of states to protect the traditional landholdings of indigenous peoples. This case also illustrates the convergence of environmental, sustainable development, and human rights issues in indigenous land rights cases.

Citation

(2002) 32 Environmental Law 872.

Paper

Environment, Equality, and Indigenous Peoples’ Land Rights in the Inter-American Human Rights System: Mayagna (Sumo) Indigenous Community of Awas Tingni v. Nicaragua

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The Human Right to Water: Significance, Legal Status and Implications for Water Allocation (I. T. Winkler)

Authors

Inga T. Winkler

Keywords

United Nations, human rights, right to water, equality

Abstract

The United Nations General Assembly and the Human Rights Council recognised the human right to water in 2010. This formal recognition has put the issue high on the international agenda, but by itself leaves many questions unanswered. This book addresses this gap and clarifies the legal status and meaning of the right to water through a detailed analysis of its legal foundations, legal nature, normative content and corresponding State obligations.

The human right to water has wide-ranging implications for the distribution of water. Examining these implications requires putting the right to water into the broader context of different water uses and analysing the linkages and competition with other human rights that depend on water for their realisation. Water allocation is a highly political issue reflecting societal power relations, with current priorities often benefitting the well-off and powerful. Human rights, in contrast, require prioritising the most basic needs of all people. The human right to water has the potential to address these underlying structural causes of the lack of access to water rooted in inequalities and poverty by empowering people to hold the State accountable to live up to its human rights obligations and to demand that their basic needs are met with priority.

Citation

Inga T. Winkler, The Human Right to Water: Significance, Legal Status and Implications for Water Allocation (Hart Publishing, 2012)

Book

The Human Right to Water: Significance, Legal Status and Implications for Water Allocation

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Unequal burden: water privatisation and women’s human rights in Tanzania (R. Brown)

Author

Rebecca Brown

Keywords

water, privatisation, Tanzania, women, human rights, equality

Abstract

Access to water is a critical component in advancing the human rights of women. Although privatisation of water services continues to be pushed by donors such as The World Bank, the available information shows that privatisations are not increasing access to water for poor women. This paper examines the human right to water and why this right is critical for women and girls. It then discusses privatisation, and the tension between contractual obligations and respect for human rights. Finally, it explores some strategies and successes from women’s involvement in the struggle against water privatisation in Tanzania.

Citation

(2010) 18 Gender & Development 59-67

Paper

Unequal burden: water privatisation and women’s human rights in Tanzania

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