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Vol 21 No 11 Nov/Dec 2016

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


ISBN13: 9780415703703
Published: May 2013
Publisher: Routledge
Country of Publication: UK
Format: Paperback
Price: £30.00



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The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

More than 300 million people in over 70 countries make up the worldi? 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.

Subjects:
Human Rights and Civil Liberties, Environmental Law
Contents:
Foreword by Bradford W. Morse

Part I: Basic Issues, Principles and Historical Background
The Rights of Indigenous Peoples: Eco-footprint Crime and the i? Biological/Ecological Integrity Modeli? to Achieve Environmental Justice
Cultural Integrity and Ecological Integrity: The Interface and International Law
Cosmopolitanism and Natural Law for the Recovery of Individual and Community Rights

Part II: Selected Examples From Domestic and International Case Law
Indigenous Peoples and Minorities in International Jurisprudence and the Responsibility of the World Bank
The United States and Indigenous Peoples: Some Recent ATCA Jurisprudence
First Nations of Canada and the Legal and Illegal Attacks on their Existence

Part III: Justifying Genocide: Principles and Reality
Genocide and Eco-crime: The Interface
Aboriginal Rights in Domestic and International Law, and the Special Case of Arctic Peoples

Part IV: Some Modest Proposals for Global Governance
Indigenous Human Rights and the Obligations of State and Non-State Actors
Governance for Global Integrity: Present Instruments, Trends and Future Goals

Index