Tag Archives: rights of indigenous peoples

International Legal Protection for Victims of Environmental Abuse (M.L. Schwartz)

Author(s)

Michelle Leighton Schwartz

Keywords

Human Rights, Right to life, Rights of indigenous peoples, procedural human rights, human right to a healthy environment, environmental refugees, desertification, flooding, international finance institutions, International Court of Justice, International Labour Organisation

Excerpt

Environmental disasters are increasing. They often result from human activities, such as the disposal of toxic chemicals, the generation of power, and the exploitation of oil. Mismanagement of natural resources has caused severe watershed erosion, desertification and atmospheric pollution which, in turn, have seriously impaired human life. Although the human suffering associated with environmental destruction is growing, international and regional human rights institutions have yet to clarify the obligations of governments to protect and provide remedies for these victims. This paper seeks to inspire such clarification and suggests legal and institutional reforms toward that end.

Citation

(1993) 18 Yale Journal of International Law 355

Paper

International Legal Protection for Victims of Environmental Abuse

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Environmental Justice and the Rights of Indigenous Peoples – publication review (J. Ruru)

Author

Jacinta Ruru

Keywords

Ecological Integrity, environment, human rights, climate change, global warming,  globalisation, vulnerability, environmental protection, communities, rights of indigenous peoples.

Abstract

Westra, in this book, brings to the fore the horrors of ‘biological genocide’ that western developed countries have sought to perform on environments that indigenous peoples rely on for their survival. Nuclear testing and chemical spills on indigenous lands are all stories that are told in this book. Westra contends that the eco-footprint of western developed countries is a direct attack on both the right to survival and the right to self-determination of indigenous populations. Her solution, labelled the ‘biological/ecological integrity model’, she argues, is the best possible antidote against eco-footprint crime. She explains: ‘If the rights of indigenous peoples are based, first, on their rights to biological integrity and natural function; and second, these rights cannot be separated from the protection of the ecological integrity of their lands; then third, entrenching such rights would limit the freedom of Western industrial operations to commit crimes’

Citation

(2009) 21(2) Journal of Environmental Law, 385-387.

Paper

Environmental Justice & the Rights of Indigenous Peoples. International & Domestic Legal Perspectives.

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