Description
Book SynopsisClimate 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
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
Trade ReviewThe book will be a sought after reference work in libraries worldwide. . . has an excellent index and has been scrupulously edited. It will serve as a useful reference for students and professors teaching indigenous peoples' rights and climate change. - --Paul Havemann,
Journal of Environmental LawTable of ContentsContents: 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
