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Vol 21 No 10 Oct/Nov 2016

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Climate Change and Indigenous Peoples: The Search for Legal Remedies

Edited by: Randall Abate

ISBN13: 9781783474172
Published: December 2013
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Paperback
Price: £35.00
Hardback edition , ISBN13 9781781001790



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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.

Subjects:
Environmental Law
Contents:
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 People 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
7. International Organizations 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
10. Lower 48 States of the United States of America 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 Theriault
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
16. Pacific Island Nations 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: Maori, 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 Mbote and Elvin Nyukuri