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.
With a long history and deep connection to the Earth’s resources, indigenous peoples have an intimate understanding and ability to observe the impacts linked to climate change. Traditional ecological knowledge and tribal experience play a key role in developing future scientific solutions for adaptation to the impacts. The book explores climate-related issues for indigenous communities in the United States, including loss of traditional knowledge, forests and ecosystems, food security and traditional foods, as well as water, Arctic sea ice loss, permafrost thaw and relocation. The book also highlights how tribal communities and programs are responding to the changing environments. Fifty authors from tribal communities, academia, government agencies and NGOs contributed to the book. Previously published in Climatic Change, Volume 120, Issue 3, 2013.
'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.
This vital book traverses the ongoing challenges faced by Indigenous peoples in the pursuit of their fundamental right to self-determination. Set against the backdrop of issues such as climate change, governance, space and data, it explores the intersection between Indigenous rights and land, territories and resources.
Focusing on how to improve the participation of non-governmental actors in the making of international climate change laws, this book is a conversation on the relevance of a human rights-based approach to international climate change law-making. The book considers a possible reform of the United Nations Framework Convention on Climate Change institutional arrangement, inspired by the practice and model of participation of Arctic Indigenous Peoples in the Arctic Council. Different non-State entities play a fundamental role in the development and enforcement of the climate change regime by enhancing the knowledge base of decision-making, keeping States in line with their commitments, and engaging in private initiatives aimed at mitigating the impacts of global warming. Albeit non-governmental and subnational actors increasingly work alongside States in the making of a climate change regime, the category of observers through which they participate in intergovernmental negotiations only gives them limited rights and their participation in international norm-making has at times been impaired. The relevance of a human rights-based approach consists in recognising the status of individuals and groups as rights-holders under human rights law, a paradigm that was first established by Arctic Indigenous Peoples when claiming their participatory rights in the Arctic Council, the main forum of governance of the Arctic region. This book argues that, in the absence of a globally binding treaty regulating procedural rights in intergovernmental negotiations, the emerging relationship between human rights and climate change could serve as a legal basis for the enhancement of non-governmental actors’ procedural rights, establishing the right to participation as a right in itself and which can benefit the governance of climate change. Due to the relevance of the addressed subject, the book is destined to a broad readership and will be of use to academic researchers, law practitioners, policy-makers and non-governmental organisations’ representatives.
Over the last decade, the world has increasingly grappled with the complex linkages emerging between efforts to combat climate change and to protect human rights around the world. The Paris Climate Agreement adopted in December 2015 recognized the necessity for governments to take into consideration their human rights obligations when taking climate action. However, important gaps remain in understanding how human rights can be used in practice to develop and implement effective and equitable solutions to climate change at multiple levels of governance. This book brings together leading scholars and practitioners to offer a timely and comprehensive analysis of the opportunities and challenges for integrating human rights in diverse areas and forms of global climate governance. The first half of the book explores how human rights principles and obligations can be used to reconceive climate governance and shape responses to particular aspects of climate change. The second half of the book identifies lessons in the integration of human rights in climate advocacy and governance and sets out future directions in this burgeoning domain. Featuring a diverse range of contributors and case studies, this Handbook will be an essential resource for students, scholars, practitioners and policy makers with an interest in climate law and governance, human rights and international environmental law.
The international legal framework for valuing the carbon stored in forests, known as 'Reducing Emissions from Deforestation and Forest Degradation' (REDD+), will have a major impact on indigenous peoples and forest communities. The REDD+ regime contains many assumptions about the identity, tenure and rights of indigenous and local communities who inhabit, use or claim rights to forested lands. The authors bring together expert analysis of public international law, climate change treaties, property law, human rights and indigenous customary land tenure to provide a systemic account of the laws governing forest carbon sequestration and their interaction. Their work covers recent developments in climate change law, including the Agreement from the Conference of the Parties in Paris that came into force in 2016. The Impact of Climate Change Mitigation on Indigenous and Forest Communities is a rich and much-needed new contribution to contemporary understanding of this topic.
This book offers multidisciplinary perspectives on the changing relationships between indigenous peoples and industries in the Arctic. It offers insights from Nordic countries, Canada and Russia to present different systems of resource governance and practices of managing industry-indigenous peoples' relations.
This volume clearly distinguishes Indigenous environmental justice (IEJ) from the broader idea of environmental justice (EJ) while offering detailed examples from recent history of environmental injustices that have occurred in Indian Country. With connections to traditional homelands being at the heart of Native identity, environmental justice is of heightened importance to Indigenous communities. Not only do irresponsible and exploitative environmental policies harm the physical and financial health of Indigenous communities, they also cause spiritual harm by destroying land held in a place of exceptional reverence for Indigenous peoples. With focused essays on important topics such as the uranium mining on Navajo and Hopi lands, the Dakota Access Pipeline dispute on the Standing Rock Indian Reservation, environmental cleanup efforts in Alaska, and many other pertinent examples, this volume offers a timely view of the environmental devastation that occurs in Indian Country. It also serves to emphasize the importance of self-determination and sovereignty in victories of Indigenous environmental justice. The book explores the ongoing effects of colonization and emphasizes Native American tribes as governments rather than ethnic minorities. Combining elements of legal issues, human rights issues, and sovereignty issues, Indigenous Environmental Justice creates a clear example of community resilience in the face of corporate greed and state indifference.
Climate change presents a large, complex and seemingly intractable set of problems that are unprecedented in their scope and severity. Given that climate governance is generated and experienced internationally, effective global governance is imperative; yet current modes of governance have failed to deliver. Hayley Stevenson and John Dryzek argue that effective collective action depends crucially on questions of democratic legitimacy. Spanning topics of multilateral diplomacy, networked governance, representation, accountability, protest and participation, this book charts the failures and successes of global climate governance to offer fresh proposals for a deliberative system which would enable meaningful communication, inclusion of all affected interests, accountability and effectiveness in dealing with climate change; one of the most vexing issues of our time.
