Environmental Justice and the Rights of Indigenous Peoples: International and Domestic Legal Perspectives

Environmental Justice and the Rights of Indigenous Peoples: International and Domestic Legal Perspectives

by Laura Westra
     
 

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ISBN-10: 1844074854

ISBN-13: 9781844074853

Pub. Date: 12/28/2007

Publisher: Taylor & Francis

More than 300 million people in over 70 countries make up the world's indigenous populations. Yet despite ever-growing pressures on their lands, environment and way of life through outside factors such as climate change and globalization, their rights in these and other respects are still not fully recognized in international law.

In this incisive book, Laura

Overview

More than 300 million people in over 70 countries make up the world's indigenous populations. Yet despite ever-growing pressures on their lands, environment and way of life through outside factors such as climate change and globalization, their rights in these and other respects are still not fully recognized in international law.

In this incisive book, Laura Westra deftly reveals the lethal effects that damage to ecological integrity can have on communities. Using examples in national and international case law, she demonstrates how their lack of sufficient legal rights leaves indigenous peoples defenceless, time and again, in the face of governments and businesses who have little effective incentive to consult with them (let alone gain their consent) in going ahead with relocations, mining plans and more. The historical background and current legal instruments are discussed and, through examples from the Americas, Africa, Oceania and the special case of the Arctic, a picture emerges of how things must change if indigenous communities are to survive. It is a warning to us all from the example of those who live most closely in tune with nature and are the first to feel the impact when environmental damage goes unchecked.

Product Details

ISBN-13:
9781844074853
Publisher:
Taylor & Francis
Publication date:
12/28/2007
Edition description:
1
Pages:
368
Product dimensions:
6.90(w) x 9.50(h) x 1.20(d)

Table of Contents


Foreword   Bradford W. Morse     vii
Preamble     ix
Acknowledgements     xi
Basic Issues, Principles and Historical Background
The Rights of Indigenous Peoples: Eco-footprint Crime and the 'Biological/Ecological Integrity Model' to Achieve Environmental Justice     3
Cultural Integrity and Ecological Integrity: The Interface and International Law     23
Cosmopolitanism and Natural Law for the Recovery of Individual and Community Rights     47
Selected Examples from Domestic and International Case Law
Indigenous Peoples and Minorities in International Jurisprudence and the Responsibility of the World Bank     71
The United States and Indigenous Peoples: Some Recent ATCA Jurisprudence     103
First Nations of Canada and the Legal and Illegal Attacks on their Existence     125
Justifying Genocide: Principles and Reality
Genocide and Eco-crime: The Interface     163
Aboriginal Rights in Domestic and International Law, and the Special Case of Arctic Peoples     187
Some Modest Proposals for Global Governance
Indigenous Human Rights and the Obligations of State and Non-State Actors     219
Governance for Global Integrity: Present Instruments, Trends and Future Goals     241
The Earth Charter     275
'Development' and Environmental Racism: The Case of Ken Saro-Wiwa and theOgoni     281
Selected Documents     289
List of acronyms and abbreviations     311
List of cases     313
List of documents     317
Bibliography     323
Index     341

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