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Global Governance of the Environment, Indigenous Peoples and the Rights of Nature

Global Governance of the Environment, Indigenous Peoples and the Rights of Nature
Author: Linda Etchart
Publisher: Springer Nature
Total Pages: 298
Release: 2022-01-12
Genre: Political Science
ISBN: 3030815196

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This book explores the obstacles facing indigenous communities, non-governmental organizations, governments, and international institutions in their attempts to protect the cultures of indigenous peoples and the world’s remaining rainforests. Indigenous peoples are essential as guardians of the world’s wild places for the maintenance of ecosystems and the prevention of climate change. The Amazonian/Andean indigenous philosophies of sumac kawsay/suma qamaña (buen vivir) were the inspiration for the incorporation of the Rights of Nature into the Ecuadorian and Bolivian constitutions of 2008 and 2009. Yet despite the creation of the United Nations Permanent Forum on Indigenous Issues (2000), and the adoption of the United Nations Declaration on the Rights of Indigenous Peoples (2007), indigenous peoples have been marginalized from intergovernmental environmental negotiations. Indigenous environment protectors’ lives are in danger while the Amazon rainforests continue to burn. By the third decade of the 21st century, the dawn of “woke” capitalism was accompanied by the expansion of ethical investment, with BlackRock leading the field in the “greening” of investment management, while Big Oil sought a career change in sustainable energy production. The final chapters explain the confluence of forces that has resulted in the continued expansion of the extractive frontier into indigenous territory in the Amazon, including areas occupied by peoples living in voluntary isolation. Among these forces are legal and extracurricular payments made to individuals, within indigenous communities and in state entities, and the use of tax havens to deposit unofficial payments made to secure public contracts. Solutions to loss of biodiversity and climate change may be found as much in the transformation of global financial and tax systems in terms of transparency and accountability, as in efforts by states, intergovernmental institutions and private foundations to protect wild areas through the designation of national parks, through climate finance, and other “sustainable” investment strategies.


Representations and Rights of the Environment

Representations and Rights of the Environment
Author: Sandy Lamalle
Publisher: Cambridge University Press
Total Pages: 415
Release: 2023-01-31
Genre: Political Science
ISBN: 1108855989

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Attending to the 'Cry of the Earth' requires a critical appraisal of how we conceive our relationship with the environment, and a clear vision of how to apprehend it in law and governance. Addressing questions of participation, responsibility and justice, this collective endeavour includes marginalised and critical voices, featuring contributions by leading practitioners and thinkers in Indigenous law, traditional knowledge, wild law, the rights of nature, theology, public policy and environmental humanities.Such voices play a decisive role in comprehending and responding to current global challenges. They invite us to broaden our horizon of meaning and action, modes of knowing and being in the world, and envision the path ahead with a new legal consciousness. A valuable reference for students, researchers and practitioners, this book is one of a series of publications associated with the Earth System Governance Project. For more publications, see www.cambridge.org/earth-system-governance.


The Politics of Rights of Nature

The Politics of Rights of Nature
Author: Craig M. Kauffman
Publisher:
Total Pages:
Release: 2021
Genre: Environmental policy
ISBN: 9780262366601

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"On the global development of legislation, treaty negotiations, constitutional measures, and litigation resulting in legal recognition of Rights of Nature (RoN), including the cultural and political influences that determined how these legal rights were framed, the method of adoption and, importantly, the evolution of RoN enforcement through judicial decisions and growing cultural familiarity with the new legal concept"--


Indigenous Peoples, the Environment and Law

Indigenous Peoples, the Environment and Law
Author: Lawrence Watters
Publisher:
Total Pages: 468
Release: 2004
Genre: Law
ISBN:

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This book provides a rich perspective on the intersection of indigenous peoples and the law, particularly within environmental law and international environmental law, emphasizing themes that are increasingly prominent on the agenda of the international community. In the anthology, twenty-three articles are collected that address significant conflicts with an interdisciplinary vantage point, where the interests of indigenous peoples and environmental law are closely intertwined. It analyses biodiversity, traditional knowledge, the responsibility of multinational corporations, and restitution. Sixteen of the selections provide a comparative perspective on the conflicts and issues involving indigenous peoples arising in specific countries. From the fragile environment of the Arctic, to sacred sites and water in the United States, the diversity of indigenous peoples is explored within the context of governance, natural resources and conflict resolution. From native Hawaiians to the Sami of Scandinavia, selected themes parallel and contrast with one another in concert with the quest for survival in Bolivia, Guatemala, the Philippines and Russia. At the same time, the relationship of indigenous peoples to nature and the struggle for identity are common themes in virtually all of the selections. Case studies, drawing on anthropology and history, in addition to law, combined with several more conceptual contributions, provide a mosaic that places indigenous peoples in both a comparative and international context. In addition, Watters includes several articles that explore trends in convergence and globalization, which have especially important ramifications for indigenous peoples. "Each article stands on its own as a significant scholarly contribution and the diversity of authors necessarily lends a unique flavor and perspective to the subject... almost all of the selections are recent and therefore timely... [T]hey are drawn from an excellent group of journals that remain in the forefront in scholarship" -- Brian Myers, Georgetown International Environmental Law Review "Indigenous People, the Environment and Law...provides an invaluable onestop resource for seasoned scholars seeking a holistic look at this important topic and for relative newcomers to the subject seeking a broad introduction... an important contribution to the scholarly field at a crucial time" -- Sean T. McAllister, UCLA Journal of Environmental Law & Policy Printable Quick Facts Sheet & Summary Table of Contents


Indigenous Peoples and Climate Justice

Indigenous Peoples and Climate Justice
Author: Giada Giacomini
Publisher: Springer Nature
Total Pages: 435
Release: 2022-10-10
Genre: Political Science
ISBN: 3031095081

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​This book provides a new interpretation of international law specifically dedicated to Indigenous peoples in the context of a climate justice approach. The book presents a critical analysis of past and current developments at the intersection of human rights and international environmental law and governance. The book suggests new ways forward and demonstrates the need for a paradigmatic shift that would enhance the meaningful participation of Indigenous peoples as fundamental actors in the conservation of biodiversity and in the fight against climate change. The book offers guidance on a number of critical intersecting and interdependent issues at the forefront of climate change law and policy – inside and outside of the UN climate change regime. The author suggests that the adoption of a critical perspective on international law is needed in order to highlight inherent structural and systemic issues of the international law regime which are all issues that ultimately impede the pursue of climate justice for Indigenous peoples.


Environmental Justice and the Rights of Indigenous Peoples

Environmental Justice and the Rights of Indigenous Peoples
Author: Laura Westra
Publisher: Routledge
Total Pages: 366
Release: 2012-05-16
Genre: Law
ISBN: 1136566864

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More than 300 million people in over 70 countries make up the worlds indigenous populations. Yet despite ever-growing pressures on their lands, environment and way of life through outside factors such as climate change and globalization, their rights in these and other respects are still not fully recognized in international law. In this incisive book, Laura Westra deftly reveals the lethal effects that damage to ecological integrity can have on communities. Using examples in national and international case law, she demonstrates how their lack of sufficient legal rights leaves indigenous peoples defenceless, time and again, in the face of governments and businesses who have little effective incentive to consult with them (let alone gain their consent) in going ahead with relocations, mining plans and more. The historical background and current legal instruments are discussed and, through examples from the Americas, Africa, Oceania and the special case of the Arctic, a picture emerges of how things must change if indigenous communities are to survive. It is a warning to us all from the example of those who live most closely in tune with nature and are the first to feel the impact when environmental damage goes unchecked.


Global Civil Society and Global Environmental Governance

Global Civil Society and Global Environmental Governance
Author: Ronnie D. Lipschutz
Publisher: State University of New York Press
Total Pages: 384
Release: 1996-11-01
Genre: Religion
ISBN: 9781438411057

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What will it take to protect the global environment? In this book, Ronnie D. Lipschutz argues that neither world government nor green economics can do the job. Governmental regulations often are resisted by those whose behavior they are intended to change, and markets—even green ones—look to profits more than to protection. What will be needed, Lipschutz believes, is not global management but political action through community- and place-based organizations and projects. People acting together locally can have a cumulative impact on environmental quality that is significant, long lasting, and widespread. The comparative case studies of environmental activism in Northern California, Hungary, and Indonesia (the latter written by Judith Mayer) illustrate one of the central premises of this book: that local action is linked increasingly to globe-spanning networks of knowledge and practice, in what Lipschutz calls global civil society. The result is a system of governance that is both local and global, to which states and international organizations are turning increasingly for help and advice.


Indigenous Peoples

Indigenous Peoples
Author: Svein Jentoft
Publisher: Eburon Uitgeverij B.V.
Total Pages: 328
Release: 2003
Genre: Social Science
ISBN: 905166978X

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"Since the Rio Earth Summit in 1992, a legal process within the auspices of the UN has been underway that may help indigenous peoples to sustain their natural environment, industries, and cultures. This book addresses some of the legal, political and institutional implications of those processes." - Back cover.


Ecological Systems Integrity

Ecological Systems Integrity
Author: Laura Westra
Publisher: Routledge
Total Pages: 306
Release: 2015-05-22
Genre: Nature
ISBN: 1317501322

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Environmental law and governance are the cornerstones of global efforts to conserve the environment, protect resources and ensure fair and equitable outcomes for all of the planet's inhabitants. This book presents a series of thought-provoking chapters which consider the place of governance and law in the defence against imminent and ongoing threats to ecological, social and cultural integrity. Written by an international team of both established and early-career scholars from various disciplines and backgrounds, the chapters cover the most pressing and contemporary issues in environmental law and governance. These include access and benefit-sharing; the right to food and water; climate change coping and adaptation; human rights; the rights of indigenous communities; public and environmental health; and many more. The book has a general focus on environmental governance and law in the European Union and offers points of comparison with Canada and North and South America.


Scales of Governance and Indigenous Peoples' Rights

Scales of Governance and Indigenous Peoples' Rights
Author: Irene Bellier
Publisher: Routledge
Total Pages: 303
Release: 2019-10-08
Genre: Law
ISBN: 1317371496

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This book takes an interdisciplinary approach to the complicated power relations surrounding the recognition and implementation of Indigenous Peoples’ rights at multiple scales. The adoption of the United Nations Declaration on the Rights of Indigenous Peoples in 2007 was heralded as the beginning of a new era for Indigenous Peoples’ participation in global governance bodies, as well as for the realization of their rights – in particular, the right to self-determination. These rights are defined and agreed upon internationally, but must be enacted at regional, national, and local scales. Can the global movement to promote Indigenous Peoples’ rights change the experience of communities at the local level? Or are the concepts that it mobilizes, around rights and political tools, essentially a discourse circulating internationally, relatively disconnected from practical situations? Are the categories and processes associated with Indigenous Peoples simply an extension of colonial categories and processes, or do they challenge existing norms and structures? This collection draws together the works of anthropologists, political scientists, and legal scholars to address such questions. Examining the legal, historical, political, economic, and cultural dimensions of the Indigenous Peoples' rights movement, at global, regional, national, and local levels, the chapters present a series of case studies that reveal the complex power relations that inform the ongoing struggles of Indigenous Peoples to secure their human rights. The book will be of interest to social scientists and legal scholars studying Indigenous Peoples’ rights, and international human rights movements in general.