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Author: Giulia Sajeva Publisher: Oxford University Press ISBN: 0199091897 Category : Law Languages : en Pages : 211
Book Description
The conservation of environment and the protection of human rights are two of the most compelling needs of our time. Unfortunately, they are not always easy to combine and too often result in mutual harm. This book analyses the idea of biocultural rights as a proposal for harmonizing the needs of environmental and human rights. These rights, considered as a basket of group rights, are those deemed necessary to protect the stewardship role that certain indigenous peoples and local communities have played towards the environment. With a view to understanding the value and merits, as well as the threats that biocultural rights entail, the book critically assesses their foundations, content, and implications, and develops new perspectives and ideas concerning their potential applicability for promoting the socio-economic interests of indigenous people and local communities. It further explores the controversial relationship of interdependence and conflict between conservation of environment and protection of human rights.
Author: Giulia Sajeva Publisher: Oxford University Press ISBN: 0199091897 Category : Law Languages : en Pages : 211
Book Description
The conservation of environment and the protection of human rights are two of the most compelling needs of our time. Unfortunately, they are not always easy to combine and too often result in mutual harm. This book analyses the idea of biocultural rights as a proposal for harmonizing the needs of environmental and human rights. These rights, considered as a basket of group rights, are those deemed necessary to protect the stewardship role that certain indigenous peoples and local communities have played towards the environment. With a view to understanding the value and merits, as well as the threats that biocultural rights entail, the book critically assesses their foundations, content, and implications, and develops new perspectives and ideas concerning their potential applicability for promoting the socio-economic interests of indigenous people and local communities. It further explores the controversial relationship of interdependence and conflict between conservation of environment and protection of human rights.
Author: Juan Alejandro Chindoy Chindoy Publisher: Global Critical Caribbean Thou ISBN: 9781786616296 Category : Social Science Languages : en Pages : 114
Book Description
Philosophically addressing three fundamental aspects of the Kamëntsá, an indigenous culture located in the Southwest of Colombia, this book is an investigation of how a native culture creates meaning. Time, beauty and spirit are key philosophical experiences within the Kamëntsá Culture which should be interpreted both as constituting and as constituted symbols because of their historicity and actuality and their potential power of transformation. The book addresses these living symbols that take hold of the past but whose significance goes beyond their antiquity through the traditions of storytelling and dance, ritual, healing and ceremony as well as the fraught political histories of colonialism and the ownership of the land. The author, raised within Kamëntsá Culture, weaves personal experience with philosophical insights and significance of the Kamentsa culture, presented through its own frameworks and narratives. The philosophical dimensions of Kamentsa culture are articulated and contextualized within a legacy of colonial domination by long-term Spanish and Catholic rule that enacts the necessary separation of Kamentsa ideas from their representations through Catholic hermeneutic approaches. However, the book also embraces intercultural philosophical engagement, as the methodological approach is formed partly through some modern and contemporary Western thinkers as well as indigenous writers and figures like Carlos Tamabioy and N. Scott Momaday.
Author: Jean E. Jackson Publisher: Stanford University Press ISBN: 1503607704 Category : Social Science Languages : en Pages : 437
Book Description
Indigenous people in Colombia constitute a mere three percent of the national population. Colombian indigenous communities' success in gaining collective control of almost thirty percent of the national territory is nothing short of extraordinary. In Managing Multiculturalism, Jean E. Jackson examines the evolution of the Colombian indigenous movement over the course of her forty-plus years of research and fieldwork, offering unusually developed and nuanced insight into how indigenous communities and activists changed over time, as well as how she the ethnographer and scholar evolved in turn. The story of how indigenous organizing began, found its voice, established alliances, and won battles against the government and the Catholic Church has important implications for the indigenous cause internationally and for understanding all manner of rights organizing. Integrating case studies with commentaries on the movement's development, Jackson explores the politicization and deployment of multiculturalism, indigenous identity, and neoliberalism, as well as changing conceptions of cultural value and authenticity—including issues such as patrimony, heritage, and ethnic tourism. Both ethnography and recent history of the Latin American indigenous movement, this works traces the ideas motivating indigenous movements in regional and global relief, and with unprecedented breadth and depth.
Author: Manuel José Cepeda Espinosa Publisher: Oxford University Press ISBN: 0190640367 Category : Law Languages : en Pages : 449
Book Description
Introduction to the Colombian constitution of 1991 and the Constitutional Court -- The role of the Constitutional Court -- Dignity and autonomy -- Equality -- Freedom of speech and freedom of religion -- Social rights -- The rights of victims and transitional justice -- The rights of indigenous peoples -- The president : problems of executive overreach -- The congress : problems of abdication and deliberation -- Constitutional amendment and the substitution of the constitution doctrine.
Author: R. Aída Hernández Castillo Publisher: University of Arizona Press ISBN: 0816532494 Category : History Languages : en Pages : 344
Book Description
R. Aída Hernández Castillo synthesizes twenty-four years of research and activism among indigenous women's organizations in Latin America, offering a critical new contribution to the field of activist anthropology and for anyone interested in social justice.
Author: Brett Troyan Publisher: Lexington Books ISBN: 1498502296 Category : Political Science Languages : en Pages : 221
Book Description
Cauca's Indigenous Movement in Southwestern Colombia: Land, Violence, and Ethnic Identity provides a vivid account of how the indigenous communities of Cauca in southwestern Colombia engaged with the Colombian central state. Troyan begins with the question of how 3.4 percent of the Colombian population obtained legal rights to close to a quarter of the national territory. Her in-depth study of the correspondence between the central state and indigenous communities of Cauca reveals that the nation state played a key role in the legitimization of land claims based on ethnic identity. Starting with the indigenous movement led by Manuel Quintín Lame in 1914, this book shows how, in contrast to the local authorities of Cauca, the central state adopted a more sympathetic albeit contradictory approach to indigenous communities’ grievances throughout the twentieth century. Land, Violence, and Cauca's Indigenous Movement in Southwestern Colombia presents an examination of state initiatives in the 1930s, 1950s, 1960s, and 1970s toward indigenous communities in Cauca, whichsheds light on the political and social construction of Colombian indigenous identity. Troyan also reveals how violence and the representation of violence shaped the conversations between the central state and indigenous communities of Cauca; the central state’s inability to exert a monopoly on violence, Troyan argues, places indigenous communities and their leaders in jeopardy despite the discursive legitimization of land claims based on ethnic identity.
Author: Randall Abate Publisher: Edward Elgar Publishing ISBN: 1781001804 Category : Law Languages : en Pages : 617
Book Description
'Climate Change and Indigenous Peoples offers the most comprehensive resource for advancing our understanding of one of the least coherently developed of climate change policy realms – legal protection of vulnerable indigenous populations. The first part of the book provides a tremendously useful background on the cultural, policy, and legal context of indigenous peoples, with special emphasis on developing general principles for climate change mitigation and adaptation solutions. The remainder of the volume then carefully and thoroughly works through how those general principles play out for different regional indigenous populations around the globe. All of the contributions to the volume are by leading experts who bring their insights and innovative thinking to bear on a truly complex subject. Whether as a novice's starting point or expert's desktop reference, I cannot think of a more useful resource for anyone interested in climate policy for indigenous peoples.' – J.B. Ruhl, Vanderbilt University Law School, US 'In Climate Change and Indigenous Peoples, editors Randy Abate and Elizabeth Kronk have assembled a truly comprehensive and informative look at the special issues that indigenous peoples face as a result of climate impacts and an overview of the law – international and domestic, climate change and human rights, substantive and procedural – that applies to those issues. One of the great strengths of the book is that no group of indigenous people is made to stand proxy for all the others; instead, after exploring the general issues facing all indigenous peoples and the general legal strategies they use, the book focuses most of its attention on the specific climate change issues that confront particular groups – South American indigenous peoples; the various tribes of Native Americans in the US; the indigenous peoples of the Arctic, collectively as well as in respect to particular Arctic countries; Pacific Islanders; indigenous peoples in Asia; the various groups of Aborigines and Torres Islanders in Australia; the Maori on New Zealand; and several tribes in Kenya, Africa. For people interested in climate change and climate change adaptation, this book provides a unique overview of the special vulnerabilities and plights of indigenous peoples, issues that must be considered as the world works to formulate effective and protective climate change adaptation policies. For people interested in indigenous peoples and international human rights, this book paints a grim picture of the various ways in which climate change threatens this very diverse group of cultural entities and the deep knowledge of place that they usually possess, while at the same time offering hope that the law can find ways to keep them from disappearing – and, indeed, that indigenous peoples might just help the rest of us to survive, as well.' – Robin Kundis Craig, University of Utah S.J. Quinney College of Law, US 'It is one of the world's cruelest ironies that some of the earliest effects of climate change are being felt by indigenous populations around the world, even though they contributed no more than trivial amounts of the greenhouse gases that are at the root of much of the problem, and they are so politically and economically powerless that they played no role in the decisions that have led to their plight. At the same time, many of these populations are victimized by certain actions designed to reduce emissions, such as land clearing for biofuels cultivation, and restrictions on forest use. Professors Abate and Kronk have assembled a formidable collection of experts from around the world who demonstrate the diversity of challenges facing these indigenous peoples, and the opportunities and challenges in using various international and domestic legal tools to seek redress. This book will be an invaluable resource for all those examining the legal remedies that may be available, either now or as the law develops in the years to come.' – Michael B. Gerrard, Columbia Law School, US This timely volume explores the ways in which indigenous peoples across the world are challenged by climate change impacts, and discusses the legal resources available to confront those challenges. 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). This comprehensive volume will appeal to professors and students of environmental law, indigenous law and international law, as well as practitioners and policymakers with an interest in indigenous legal issues and environmental justice.
Author: Erin O'Donnell Publisher: Routledge ISBN: 0429889607 Category : Law Languages : en Pages : 210
Book Description
In 2017 four rivers in Aotearoa New Zealand, India, and Colombia were given the status of legal persons, and there was a recent attempt to extend these rights to the Colorado River in the USA. Understanding the implications of creating legal rights for rivers is an urgent challenge for both water resource management and environmental law. Giving rivers legal rights means the law can see rivers as legal persons, thus creating new legal rights which can then be enforced. When rivers are legally people, does that encourage collaboration and partnership between humans and rivers, or establish rivers as another competitor for scarce resources? To assess what it means to give rivers legal rights and legal personality, this book examines the form and function of environmental water managers (EWMs). These organisations have legal personality, and have been active in water resource management for over two decades. EWMs operate by acquiring water rights from irrigators in rivers where there is insufficient water to maintain ecological health. EWMs can compete with farmers for access to water, but they can also strengthen collaboration between traditionally divergent users of the aquatic environment, such as environmentalists, recreational fishers, hunters, farmers, and hydropower. This book explores how EWMs use the opportunities created by giving nature legal rights, such as the ability to participate in markets, enter contracts, hold property, and enforce those rights in court. However, examination of the EWMs unearths a crucial and unexpected paradox: giving legal rights to nature may increase its legal power, but in doing so it can weaken community support for protecting the environment in the first place. The book develops a new conceptual framework to identify the multiple constructions of the environment in law, and how these constructions can interact to generate these unexpected outcomes. It explores EWMs in the USA and Australia as examples, and assesses the implications of creating legal rights for rivers for water governance. Lessons from the EWMs, as well as early lessons from the new ‘river persons,’ show how to use the law to improve river protection and how to begin to mitigate the problems of the paradox.
Author: Angela Cameron Publisher: University of Toronto Press ISBN: 148753213X Category : Law Languages : en Pages : 385
Book Description
While colonial imposition of the Canadian legal order has undermined Indigenous law, creating gaps and sometimes distortions, Indigenous peoples have taken up the challenge of rebuilding their laws, governance, and economies. Indigenous conceptions of land and property are central to this project. Creating Indigenous Property identifies how contemporary Indigenous conceptions of property are rooted in and informed by their societally specific norms, meanings, and ethics. Through detailed analysis, the authors illustrate that unexamined and unresolved contradictions between the historic and the present have created powerful competing versions of Indigenous law, legal authorities, and practices that reverberate through Indigenous communities. They have identified the contradictions and conflicts within Indigenous communities about relationships to land and non-human life forms, about responsibilities to one another, about environmental decisions, and about wealth distribution. Creating Indigenous Property contributes to identifying the way that Indigenous discourses, processes, and institutions can empower the use of Indigenous law. The book explores different questions generated by these dynamics, including: Where is the public/private divide in Indigenous and Canadian law, and why should it matter? How do land and property shape local economies? Whose voices are heard in debates over property and why are certain voices missing? How does gender matter to the conceptualization of property and the Indigenous legal imagination? What is the role and promise of Indigenous law in negotiating new relationships between Indigenous peoples and Canada? In grappling with these questions, readers will join the authors in exploring the conditions under which Canadian and Indigenous legal orders can productively co-exist.
Author: Giulia Sajeva
Author: Giulia Sajeva
Author: Elizabeth Jane Macpherson
Author: Juan Alejandro Chindoy Chindoy
Author: Jean E. Jackson
Author: Manuel José Cepeda Espinosa
Author: R. Aída Hernández Castillo
Author: Brett Troyan
Author: Randall Abate
Author: Erin O'Donnell
Author: Angela Cameron