Environmental Justice and the Rights of Indigenous Peoples: International and Domestic Legal PerspectivesEarthscan, 2012 - 365 pages More than 300 million people in over 70 countries make up the worlds 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. |
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Contents
PART TWO Selected Examples from Domestic and International Case Law | 69 |
Principles and Reality | 161 |
PART FOUR Some Modest Proposals for Global Governance | 217 |
Appendices | 275 |
List of Acronyms and Abbreviations | 311 |
List of Cases | 313 |
List of Documents | 317 |
323 | |
341 | |
Other editions - View all
Environmental Justice and the Rights of Indigenous Peoples: International ... Laura Westra No preview available - 2013 |
Common terms and phrases
aboriginal communities activities Anaya Arctic areas argued Article aspects ATCA Awas Tingni Canada Canadian Chapter claims climate change concerned considered Convention corporate countries Court crimes criminal cultural integrity Declaration discussed Earth Charter ecological integrity economic effects eliminate ensure environment environmental harms environmental racism erga omnes erga omnes obligations ethnic fact fundamental genocide global Hence human rights ibid Indian indigenous indigenous communities indigenous groups indigenous nation indigenous rights individuals instruments International Criminal Court international law Inuit involved issues jus cogens justice Ken Saro-Wiwa land lifestyle Lubicon mens rea Mohawks moral natural law Nunavut Ogoni operations Organization persons political pollution populations practices present principles problems protection question Racial Discrimination recognized relation respect responsibility rights of indigenous Schabas self-determination social specific Supp territory torts traditional Trail Smelter treaties U'wa United Nations viewed violations Westra World Bank World Bank Group