Tag Archives: South America

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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Culture, property, and peoplehood: a comment on Carpenter, Katyal, and Riley’s “In defense of property” (M.F.Brown)

Author

Michael F. Brown

Keywords

Arts and culture, Cultural property, Heritage property, Indigenous peoples, South America

Abstract

Comments on the article, “In defense of property”, by Kristen A. Carpenter, Sonia K. Katyal and Angela R. Riley (Yale Law Journal 118 (2009), 1022-1125), which reviews current thinking on the protection of indigenous heritage, particularly that of American Indians.

Citation

(2010) 17(3) International Journal of Cultural Property 569-579

Paper

Culture, property, and peoplehood: a comment on Carpenter, Katyal, and Riley’s “In defense of property”

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Beyond the Carbon Economy: Energy Law in Transition (D. Zillman, et al)

Editor(s)

Don Zillman, Catherine Redgwell, Yinka Omorogbe, and Lila K. Barrera-Hernández

Keywords

Health, Environment, Sustainable Development, TAANSAAFL Problem, Renewable Energy, Energy Efficiency, Lower-Carbon Future, Climate Change, Carbon Capture and Storage, Biofuels, Public International Law, South America, Clean Energy, Africa, Heavy Duty Transition Fuels, EU Law and Policy, Wind, Nuclear Power, China, Brazil, India, Mexico, Australia, Japan, Russia, US,

Abstract

Explores topical controversies over alternative energy sources including nuclear power, and over sustainability and environmental concern versus energy supply in the developing world

Regional, sectoral and technology-based analysis, and a wide variety of national perspectives demonstrate how the law can impede or advance the shift to a significantly different world energy picture
Examines the roles of public international law and international legal bodies, regional legal structures and major international nongovernmental actors
The present energy economy, with its heavy dependence on fossil fuels, is not sustainable over the medium to long term for many interconnected reasons. Climate change is now recognized as posing a serious threat. Energy and resource decisions involving the carbon fuels therefore play a large role in this threat. Fossil fuel reserves may also be running short and many of the major reserves are in politically unstable parts of the world.

Yet citizens in nations with rapidly developing economies aspire to the benefits of the modern energy economy. China and India alone have 2.4 billion potential customers for cars, industries, and electrical services. Even so, more than half of the world’s citizens still lack access to energy. Decisions involving fossil fuels are therefore a significant part of the development equation.

This volume explains how the law can impede or advance the shift to a world energy picture significantly different from that which exists today.

It first examines the factors that create the problems of the present carbon economy, including environmental concerns and development goals. It then provides international and regional legal perspectives, examining public international law, regional legal structures, the responses of international legal bodies, and the role of major international nongovernmental actors. The book then moves on to explore sectoral perspectives including the variety of renewable energy sources, new carbon fuels, nuclear power, demand controls, and energy efficiency. Finally, the authors examine how particular States are, could, or should, be adapting legally to the challenges of moving beyond the carbon economy.

Readership: Lawyers, public policy-makers, and corporate analysts in the energy and natural resources sectors, and scholars in the fields of energy and environmental law, environmental management, development economics and sustainable development.

Citation

Don Zillman, Catherine Redgwell, Yinka Omorogbe, and Lila K. Barrera-Hernández (eds), Beyond the Carbon Economy: Energy Law in Transition (OUP, Oxford 2008)

Book

Beyond the Carbon Economy: Energy Law in Transition

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