Environmental Justice and the Rights of Indigenous Peoples

by
Format: Hardcover
Pub. Date: 2008-01-30
Publisher(s): Routledge
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Summary

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 defenseless, 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.

Author Biography

Laura Westra is Professor Emerita (Philosophy), University of Windsor and Adjunct Professor of Social Science, York University, Canada.

Table of Contents

Forewordp. vii
Preamblep. ix
Acknowledgementsp. xi
Basic Issues, Principles and Historical Background
The Rights of Indigenous Peoples: Eco-footprint Crime and the 'Biological/Ecological Integrity Model' to Achieve Environmental Justicep. 3
Cultural Integrity and Ecological Integrity: The Interface and International Lawp. 23
Cosmopolitanism and Natural Law for the Recovery of Individual and Community Rightsp. 47
Selected Examples from Domestic and International Case Law
Indigenous Peoples and Minorities in International Jurisprudence and the Responsibility of the World Bankp. 71
The United States and Indigenous Peoples: Some Recent ATCA Jurisprudencep. 103
First Nations of Canada and the Legal and Illegal Attacks on their Existencep. 125
Justifying Genocide: Principles and Reality
Genocide and Eco-crime: The Interfacep. 163
Aboriginal Rights in Domestic and International Law, and the Special Case of Arctic Peoplesp. 187
Some Modest Proposals for Global Governance
Indigenous Human Rights and the Obligations of State and Non-State Actorsp. 219
Governance for Global Integrity: Present Instruments, Trends and Future Goalsp. 241
The Earth Charterp. 275
'Development' and Environmental Racism: The Case of Ken Saro-Wiwa and the Ogonip. 281
Selected Documentsp. 289
List of acronyms and abbreviationsp. 311
List of casesp. 313
List of documentsp. 317
Bibliographyp. 323
Indexp. 341
Table of Contents provided by Ingram. All Rights Reserved.

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