Description
This volume makes a legal theoretical contribution to the emerging regime of indigenous environmental rights, drawing on the law, theory, sociological and anthropological approaches. Firstly, it introduces key developments in the field of international human rights law and international environmental law, dealing with contemporary trends but also foundational principles and rights. It then addresses one of the most influential strands, that of (transformative) legal pluralism and its decolonising effects on the law. And in a final part, it uncovers a known conceptual divide, distinguishing between anthropocentric and eco-centric approaches, thereby identifying key developments in the human rights field and rights of nature discourses. The book brings together experts in the field and also creates the space for scholarly dialogue, conceptually and beyond, which ultimately provides answers and directions in the field of indigenous environmental rights, to newcomers and specialised scholars alike.
Table of Contents
Foreword; Preface; Introductory remarks: indigenous environmental rights – conceptual considerations Jessika Eichler and Mario Aguilera; Part I. Amidst International Human Rights Law and Environmental Legal Landscapes: International Orders Examined: 1. Tracing indigenous environmental rights: a critical view of international human rights law Jonathan Liljeblad; 2. Indigenous rights under the convention on biological diversity: reinforcing and expanding human rights law Federica Cittadino; Part II. Beyond the 'Human' in Indigenous Environmental Law? Impressions from a Dualistic Debate: 3. Rights of nature as symbol and ritual: recognition of indigenous cosmovisions within western legal ontology Bart Jansen and Tineke Lambooy; 4. The rights of nature and the right to territory of indigenous peoples: decolonising ecocentrism Digno Montalván Zambrano and Isabel Wences; 5. Rights of nature: the biocultural approach and indigenous customary law in Latin America Laura Calle Alzate and Nurys Esperanza Silva Cantillo; Part III. Decolonising the Law: What Place for (Transformative) Legal Pluralism?: 6. Mapuche Law (Az Mapu), legal pluralism, and transmodernity: possibilities and limitations of contextual environmental justice Ricardo Salas Astrain and Cristian Pacheco Huaiquifil; 7. The religious dimensions of indigenous environmental rights: disputes overlLand and pathways forward Núria Reguart-Segarra.
