Category Archives: Non-human Animals

The Rights of the Nonhuman World (M. A. Warren)

Author(s)

Mary Anne Warren

Keywords

Environmental ethics, Environmental protection, Human ecology, Nonhuman world, rights

Abstract

None available.

Citation

R. Elliot and A. Gare, eds. 1983. Environmental Philosophy: A Collection of Readings. pp. 109-134

Book

Environmental Philosophy: A Collection of Readings

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Hunting not comparable to religious belief and hunters not an ethnic group (H.L. MacQueen, et al)

Author(s)

Hector L. MacQueen and Scott Wortley

Keywords

Human rights, Freedom of expression, Freedom of thought conscience and religion, Hunting, Right to respect for private and family life, Scotland

Abstract 

Comments on the House of Lords ruling in Friend v Lord Advocate on whether the restrictions on hunting in the Protection of Wild Mammals ( Scotland ) Act 2002 breached the applicant’s rights under the European Convention on Human Rights 1950. Considers whether the applicant’s right to hunt was comparable to religious beliefs and whether hunters were an ethnic group whose customs and practices were entitled to protection.

Citation   

(2008) 12(2) Edinburgh Law Review 165-166

Case Comment

Hunting “not comparable to religious belief” and hunters “not an ethnic group”

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In the Way of Development: Indigenous Peoples, Life Projects and Globalization (M. Blaser, et al)

Editor(s)

Mario Blaser, Harvey A. Feit and Glenn McRae

Keywords

Indigenous Peoples, Development, Paraguayan Indigenism, Yshiro People‘s Life Projects, Traditional Ecological Knowledge, Sustainable Development, Animal Partners, Grassroots Transnationalism, Great Whale Campaign, States, Markets, Civil Society, Canada, Native/Non-Native Alliances, Mining Corporations, Chilean Economic Expansion, Mega-Development Project, Mapuche Territories, Hydroelectric Development, Bío-Bío River, Anthropology and Human Rights, Advocacy, Ecological Ethnicities, Russian Far East, Conflicting Discourses, Property, Governance, Indigenous North, Resistance, Determination, Perseverance

Abstract

A collaboration between indigenous leaders, social activists and scholars from a wide range of disciplines, In the Way of Development explores the current situation of indigenous peoples enmeshed in the remorseless expansion of the modern economy.

The volume assembles a rich diversity of statements, case studies and wider thematic explorations all starting with indigenous peoples as actors, not victims. The accounts come primarily from North America, but include also studies from South America, and the former Soviet Union.

In the Way of Development shows how the boundaries between indigenous peoples‘ organizations, civil society, the state, markets, development and the environment are ambiguous and constantly changing. This fact makes local political agency possible, but also, ironically, opens the possibility of undermining it.

The volume presents these complex, power-laden, often contradictory features of indigenous agency and relationships. It shows how peoples do not just resist or react to the pressures of market and state, but also sustain ‘life projects‘ of their own.

Citation

Mario Blaser, Harvey A. Feit and Glenn McRae (eds), In the Way of Development: Indigenous Peoples, Life Projects and Globalization (Zed Books, 2004)

Book

In the Way of Development: Indigenous Peoples, Life Projects and Globalization

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Wild Law: The philosophy of Earth Jurispudence (P.D. Burdon)

Author

Peter D. Burdon

Keywords

Wild Law, Earth Jurisprudence, Rights of Nature, Jurisprudence, Legal Philosophy

Abstract

Wild law or Earth Jurisprudence is an emerging theory of law and governance that seeks to evolve law in a fashion that recognises our relationship to the broader Earth community. In this article, the author introduces and articulates some fundamental concepts being developed by theorists in this area. The author also discusses the recent constitutional amendment in Ecuador that granted nature the right to exist, persist and flourish.

Citation

(2010) 35 Alternative Law Journal

Paper

Wild Law: The philosophy of Earth Jurisprudence

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Indian Treaty Fishing Rights and Habitat Protection… (M.C. Blumm and J.G. Steadman)

Author(s)

Michael C. Blumm and Jane G. Steadman

Keywords

Indian law, environmental law, Indian treaties, Indian fishing, land use, salmon, habitat protection

Abstract

In the mid-nineteenth century, as the pace of American westward expansion accelerated and tension between white settlers and indigenous tribes mounted, the federal government convinced many Pacific Northwest tribes to enter into treaties that would facilitate white settlement. In exchange for cession of millions of acres of their homeland, the tribes retained the right of taking fish at all usual and accustomed places in common with white settlers. In the 1905 case United States v. Winans, the United States Supreme Court explained that the treaty fishing right constitutes a “servitude upon every piece of land.” We have described this servitude as a “piscary profit,” a familiar property right at common law that must be exercised free from unreasonable interference. While the universally shared assumption at the time the treaties were signed was that the salmon resource was inexhaustible, in fact the salmon have been in precipitous decline since the late-1800s. This scarcity bred conflicts, which have forced the tribes to enforce their treaty fishing right in the courts for over a century.

This article explores the history and contours of the treaty fishing right from 1905 to present, tracing the evolution of the federal courts’ understanding that implied within the fishing right is a right of access, a right to a fair share of the salmon harvest, and a right of habitat protection. In particular, the article examines the 2007 Culverts Case, in which Judge Ricardo S. Martinez resoundingly affirmed that the treaty fishing right prohibits habitat-damaging activities that preclude tribes from earning a moderate living through fishing-in this case, the state of Washington’s construction and maintenance of fish passage-blocking culverts. The article concludes that not only is Judge Martinez’s decision the logical progeny of over a century’s worth of precedent, the result is consistent with common law principles of profits. In the end, the Martinez Decision represents the most important treaty fishing rights decision in decades, with the potential to rectify a fundamental unfairness in treaty fishing rights law, which previously provided access to fisheries, allocated harvest shares, and yet allowed destruction of the salmon resource, the central consideration of one of the largest real estate transactions in history.

Citation

(2009) 49 Natural Resources Journal 653

Paper

Indian Treaty Fishing Rights and Habitat Protection: The Martinez Decision Supplies a Resounding Judicial Reaffirmation

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