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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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Water Rights & Social Justice in the Mekong Region (K. Lazarus, et al)

Editor(s)

Kate Lazarus, Nathan Badenoch, Nga Dao and Bernadette P. Resurreccion

Keywords

Water Governance, Water Rights, Mekong Region, Participation in Decision-making, Water Transfer Planning, Northeast Thailand, Local People’s Participation, Involuntary Resettlement in Vietnam, Son La Hydropower Project, Access and Equity, Competition for Water Resources, Gender, Commercialization, Fisheries-Aquaculture Divide, Nutrition, Regional Development Pathways, Food Rights, Livelihood and Environment Trade-offs, Industrial Water Use, Wastewater Management, Peri-Urban Hanoi, Climate Vulnerability, Climate Change, Socio-economic Implications, Seeking Justice

Abstract

This book reviews the issues faced by people living in the Mekong River region, in South East Asia, who are increasingly being marginalised and under-represented by the big businesses, planners and politicians – the powerful elite – influencing and deciding the trajectories of development in the region.

It also shows how complex human- and nature-induced developments in the Mekong Region are increasingly widening existing gaps in wealth, resource access and power. Fair and equal fields for decision-making and governance are needed to strengthen not only the rights but also the resilience of vulnerable groups and communities against uncertainty, particularly for climate-related changes. The authors show how vitally important it is that water governance is democratised to allow a more equitable sharing of water resources and counteract the pressures of economic growth.

Citation

Kate Lazarus, et al (eds), Water Rights and Social Justice in the Mekong Region (Earthscan, 2011)

Book

Water Rights and Social Justice in the Mekong Region

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Irrigation water rights: options for pro-poor reform (B. Bruns)

Author

Bryan Bruns

Keywords

Irrigation, water rights, poverty, property, negotiation, legal empowerment.

Abstract

Disempowerment and deprivation of access to irrigation water contribute to poverty. Water rights can yield significant benefits for poor farmers, but changes in water rights institutions pose risks if not well designed and developed. This paper describes pro-poor options for improving irrigation water rights. Project interventions can deliberately negotiate water rights, for example through share systems, to reduce inequities in distribution and target improved supplies to poor people. Recourse to outside assistance for resolving water conflicts offers protection against local injustice, if water rights of user communities and individuals are suitably recognised. Measurement of water quantities, including suitable proxies such as proportional division of flows and time-based turns, makes rights meaningful and management more accountable. Legal education and aid can empower poor water users to understand and defend their rights. Reforms in water rights can be sequenced to prioritise secure rights for poor water users. Thus, a range of institutional options is available for designing and implementing pro-poor reforms in irrigation water rights.

Citation

(2007) 56(2) Irrigation and Drainage, 237-246.

Paper

Irrigation water rights: options for pro-poor reform.

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Water rights between social activism and social enterprise: Bronwen Morgan and Sarika Seshadri

Author

Bronwen Morgan and Sarika Seshadri

Keywords

Water rights, social enterprise, social activism, governance, development

Abstract

Water rights involve an amalgam of property rights and socio-economic rights that possess an inescapable regulatory dimension. The resulting uneasy mix of public responsibilities and private property regimes means that the details of the legal entity structure involved are central to the viability and effectiveness of implementing water rights on the ground. Small-scale social enterprise structures offer a fascinating site for exploring the tensions endemic to the field of water rights. This article explores the ways in which the entrepreneurial energies of business approaches to the implementation of water rights articulate with the impetus for structural change embedded in practices of social activism. Our main purpose is to interrogate too easy an assumption of uni-dimensional or static relationships between social activism and social enterprise. We argue that there are multiple diverse relationships possible between them, including oppositional, evolutionary, complementary, and dialectical relations. We illustrate these shifts empirically with examples from India and Bolivia. The article stresses the ambiguous potential of both empowerment and oppression when business methods are used to secure social outcomes, including those promised by the guarantee of a human right to water.

Citation

(2014) 5/2 Journal of Human Rights and the Environment

Paper

Water rights between social activism and social enterprise

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The Modern Military and the Environment: The Laws of Peace and War (W.A. Wilcox, Jr.)

Author

William A. Wilcox, Jr.

Keywords

Armed conflict; war; environment; machines; chemicals; soldiers; military’s impact; civil penalties; sovereign immunity; water rights

Abstract

The battle is an old one: man versus nature. And in modern society, man includes the military. Machines. Chemicals. Who wins the battle and at what cost? This practical analysis of the conflict between national security requirements and environmental responsibility looks at just that.

William Wilcox examines the most common environmental issues that the military faces during wartime and peacetime and provides an introduction to the legal authorities, including statutes, regulations, and executive orders, governing the application of environmental law to military activities.

The book also illuminates the tension between environmentalists and regulators concerned with the damages that military development, testing, and training operations inflict on the environment and military leaders dedicated to using actual field conditions to prepare soldiers for war. In addition, this book addresses environmentalists’ desire for greater accountability from the military, which has a history of dumping, spilling, stockpiling, and launching harmful chemicals.

Although some exemptions from environmental compliance have been granted to the military, federal agencies are sometimes held to higher standards than private sector companies. Wilcox, an experienced environmental attorney and former military attorney, focuses on the legal framework in which environmental issues are addressed and examines how policy translates into legal application. He also examines the changing relationship between the military and the environment by exploring environmental law as it applies to the military domestically and the impact of international environmental law on combat operations.

In addition to addressing such environmental laws as the National Environmental Policy Act and the Resource Conservation and Recovery Act, the author provides an overview of the laws governing access to information concerning the military’s impact on the environment. Other topics covered include civil penalties and sovereign immunity, water rights.

Citation

William A. Wilcox, Jr., The Modern Military and the Environment: The Laws of Peace and War (Government Institutes, 2007)

Book

The Modern Military and the Environment: The Laws of Peace and War

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