Indigenous Peoples and Climate Justice: A Critical Analysis of International Human Rights Law and Governance

Name: Indigenous Peoples and Climate Justice: A Critical Analysis of International Human Rights Law and Governance
Brand: Palgrave Macmillan
SKU: 9783031095078
Price: 1169.87 HKD
Availability: InStock
Author: Giada Giacomini
ISBN: 9783031095078

By Giada Giacomini

Palgrave Macmillan October 2022

Specifications

ISBN-13: 9783031095078
Publisher: Palgrave Macmillan
Publication: October 2022
Format: Hardback
Jurisdiction: Switzerland ? Countri(es) for reference only

Details

This book provides a new interpretation of international law specifically dedicated to Indigenous peoples in the context of a climate justice approach. The book presents a critical analysis of past and current developments at the intersection of human rights and international environmental law and governance. The book suggests new ways forward and demonstrates the need for a paradigmatic shift that would enhance the meaningful participation of Indigenous peoples as fundamental actors in the conservation of biodiversity and in the fight against climate change.

The book offers guidance on a number of critical intersecting and interdependent issues at the forefront of climate change law and policy – inside and outside of the UN climate change regime. The author suggests that the adoption of a critical perspective on international law is needed in order to highlight inherent structural and systemic issues of the international law regime which are all issues that ultimately impede the pursue of climate justice for Indigenous peoples.

Provides an overview of international human rights law dedicated to Indigenous peoples and climate justice
Critical analysis of past and current developments in international human rights law and climate change law
Presents a practical overview of issues around justice, participation, inclusion and access to justice

1. Introduction

Setting up the scene: an international perspective - Book methodology - Community research methodology - Outline of the book - References

2. Climate justice as an interpretative approach

Introduction - The notion of climate justice - Distribution, recognition and participation as a justice discourse - Capabilities approach, human rights and justiceDecolonial theories - Recognition of customary law and Indigenous knowledge: same old (neo)colonial story? - Indigenous Peoples, Climate Change and ColonialismRe: Thinking Vulnerability - Contextualizing Climate Change and Colonialism: the Yanesha people of the Palcazu valley in Peru - Conclusions - References

3. The International Legal Framework: Human Rights and Climate Change

Introduction - Human rights-based approaches to climate change - The paradox and the inclusive promise of human rights-based approaches to climate change - Human rights, climate change and international law - Substantive rights, procedural and participatory rights and related challenges - Environmental rights and climate change - Indivisibility of human rights and the environment: the right to a healthy environment - Climate change and the right to life, food, health, water and other fundamental rights: an issue of justice - Conclusions - References

4. Indigenous Peoples in International Law and Governance

Introduction - The international protection of Indigenous peoples' rights - Political doctrines of colonization and decolonization adopted within international law - Individual and collective rights - Indigenous peoples and international law human rights law - Human rights dimensions of environmental law - Jurisprudence of international courts - The participation of Indigenous Peoples in International Fora - Participation from local to global - The UN system: the establishment of the Permanent Forum on Indigenous Issues - From exclusion in climate governance to the International Indigenous Peoples Forum on Climate Change - Conclusions - References

5. Participatory Rights, Conservation and Indigenous Customary Law

Introduction - Right to Consultation and to FPIC - Differences between Consultation and Consent: two different standards in International Law? - Consent, Traditional Knowledge and Benefit-Sharing - Indigenous critiques and guidelines to the operationalization of FPIC - Climate finance, participation and redress: the case of the Independent Redress Mechanism of the Green Climate Fund - The enforcement of consent procedures in national legislation: example from Peru - Biodiversity Conservation, Emissions Reductions and Indigenous Customary Law - REDD+, conservation and the commodification of forests Indigenous and Community Conserved Areas - The status of Indigenous Customary Law - Conclusions - References

6. Climate Change and Litigation: Human rights as a tool to achieve climate justice

Introduction - Climate Change Litigation & Indigenous Peoples - Conceptualizing and quantifying climate litigation - Types of liability and the potential for a human rights-based approach in climate litigation - Indigenous peoples in climate litigation - Conclusions - References

7. Beyond the human rights-based approach: Rights of Nature and Ecological Integrity

Introduction - Earth jurisprudence as a systemic and epistemic alternative - Not only human rights: Indigenous cosmovision and Rights of Nature - Critical aspects of Rights of Nature vis a vis Indigenous anthropomorphism - Rights of Nature in Global Environmental Litigation - The right of Ecological Integrity: a way forward - Conclusions - References

8. Conclusion

Achieving climate justice within a world of coloniality - Ways forward and future avenues for research

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