基本説明
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).
Full Description
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.
Contributors: R.S. Abate, D. Badrinarayana, K. Boom, M. Burkett, J.M. Cha, E. Charles-Newton, L.A. Crippa, M. Davis, P. Dong, N. Johnstone, P. Kameri-Mbote, P. Kebec, S. Krakoff, E.A. Kronk, J.-D. Lavallee, J. Liu, A. Long, L.A. Miranda, C.Y. Mulalap, E. Nyukuri, H. Osofsky, J.V. Royster, I.L. Stoyanova, V. Sutton, E.J. Techera, S. Thériault, R. Tsosie, P. Van Tuyn, W. Yu
Contents
Contents:
Foreword
Stacy Leeds
PART I: INTRODUCTORY CONTEXT AND PRINCIPLES
1. Commonality Among Unique Indigenous Communities: An Introduction to Climate Change and its Impacts on Indigenous Peoples
Randall S. Abate and Elizabeth Ann Kronk
2. Introduction to International and Domestic Climate Change Regulation
Deepa Badrinarayana
3. Introduction to Indigenous Peoples' Status and Rights under International Human Rights Law
Lillian Aponte Miranda
4. Introduction to Indigenous Sovereignty under International and Domestic Law
Eugenia Charles-Newton and Elizabeth Ann Kronk
5. Climate Change and Indigenous Peoples: Comparative Models of Sovereignty
Rebecca Tsosie
6. Indigenous Environmental Knowledge and Climate Change Adaptation
Maxine Burkett
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
Leonardo A. Crippa
South America
8. REDD+ and Indigenous Peoples in Brazil
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
Philomena Kebec
Lower 48 States of the United States of America
10. Natural Resource Development and Indigenous Peoples
Sarah Krakoff and Jon-Daniel Lavallee
11. Climate Change and Tribal Water Rights: Removing Barriers to Adaptation Strategies
Judith V. Royster
Arctic
12. Canadian Indigenous Peoples and Climate Change: The Potential for Arctic Land Claims Agreements to Address Changing Environmental Conditions
Sophie Thériault
13. America's Arctic: Climate Change Impacts on Indigenous Peoples and Subsistence
Peter Van Tuyn
14. The Saami Facing the Impacts of Global Climate Change
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
Hari M. Osofsky
Pacific Island Nations
16. Climate Change, Legal Governance and the Pacific Islands: An Overview
Erika J. Techera
17. Fiji: Climate Change, Tradition and Vanua
Victoria Sutton
18. Islands in the Stream: Addressing Climate Change from a Small Island Developing State Perspective
Clement Yow Mulalap
19. The Rising Tide of International Climate Litigation: An Illustrative Hypothetical of Tuvalu v. Australia
Keely Boom
Asia
20. The Impacts of Climate Change on Indigenous Populations in China and Legal Remedies
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
J. Mijin Cha
Australia and New Zealand
22. Climate Change Impacts to Aboriginal and Torres Strait Islander Communities in Australia
Megan Davis
23. Negotiating Climate Change: Māori, the Crown and New Zealand's Emission Trading Scheme
Naomi Johnstone
Africa
24. Climate Change, Law and Indigenous Peoples in Kenya: Ogiek and Maasai Narratives
Patricia Kameri-Mbote and Elvin Nyukuri
Index
