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


Laura. Westra
Bok Engelsk 2012 · Electronic books.
Annen tittel
Utgitt
Hoboken : : Taylor and Francis, , 2012.
Omfang
1 online resource (365 p.)
Opplysninger
Description based upon print version of record.. - Cover; Environmental Justice and the Rights of Indigenous Peoples; Copyright; Contents; Foreword; Preamble; Acknowledgements; PART ONE Basic Issues, Principles and Historical Background; Chapter 1 The Rights of Indigenous Peoples: Eco-footprint Crime and the 'Biological/Ecological Integrity Model' to Achieve Environmental Justice; Indigenous peoples and international law; The background of indigenous peoples' rights in international law; Protection of indigenous peoples through international mechanisms; The 'third models' and first nations environmental rights issues. - Beyond corporate activitiesEntitlement and historical occupation; Precedents in law; The role of economics in indigenous peoples' issues; The World Bank's inspection panels; Conclusions; Notes; Chapter 5 The United States and Indigenous Peoples: Some Recent ATCA Jurisprudence; The US and indigenous peoples; Some recent cases tried under ATCA in various US jurisdictions; The question of corporate responsibility; From mens rea in domestic crimes to corporate accountability in international law; Notes; Chapter 6 First Nations of Canada and the Legal and Illegal Attacks on Their Existence. - First nations of Canada and some legal policies of eliminationSui generis land-based rights; Collective rights and aboriginal land management; The problem of 'frozen rights' and borrows' critique of the aboriginal rights test; Environmental racism; Environmental racism and state terrorism at Oka; Conclusions; Notes; PART THREE Justifying Genocide: Principles and Reality; Chapter 7 Genocide and Eco-crime: The Interface; Introduction; Indigenous peoples and the crime of genocide; Conspiracy, complicity and 'other acts' of genocide; Genocide; Genocide and jus cogens norms as applied to eco-crime. - From individual minority rights to community rightsNatural law and individual and community rights; From natural law to erga omnes obligations for the defence of indigenous peoples; Cosmopolitanism against globalizing 'collateralism' and the recovery of indigenous rights; From common morality to international law in defence of indigenous peoples; Conclusions; Notes; PART TWO Selected Examples from Domestic and International Case Law; Chapter 4 Indigenous Peoples and Minorities in International Jurisprudence and the Responsibility of the World Bank; The case of the Awas Tingni v. Nicaragua. - Genocide and crimes against humanity. - The application of the other two models to aboriginal communities' environmental rightsIndigenous peoples and eco-footprint crime; Notes; Chapter 2 Cultural Integrity and Ecological Integrity: The Interface and International Law; Introduction; Territorial rights and state sovereignty; Territory and territorial integrity; The ecological and traditional connection between indigenous peoples and biodiversity; Colonization, neoliberalism and the rights of the U'wa people; Notes; Chapter 3 Cosmopolitanism and Natural Law for the Recovery of Individual and Community Rights; Introduction. - 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 peopl
Emner
Sjanger
Dewey
ISBN
1844074854. - 9780415703703. - 9781844074853

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