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R. Quentin Grafton, Harry W. Nelson, N. Ross Lambie and Paul R. Wyrwoll

Peoples, communities and nations who claim a historical continuity to endemic societies that existed prior to integration with foreigners. They compose a non-dominant sector of the prevailing society and contest their sovereignty and self-determination. Indigenous populations play a major role in environmental discussions throughout the world due to their land right and land use claims.

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Connie de la Vega

One of the groups at risk whose importance was recognized by the Commission on Human Rights and its successor the Human Rights Council by the establishment of a thematic special procedure to address the various human rights issues related to the group. An estimated 300 million indigenous people live in the world today. While not specifically addressed in the non-discrimination provisions of the International Bill of Human Rights and the Convention on the Elimination of All Forms of Racial Discrimination, the broad prohibition of discrimination

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Sarah Krakoff

Contents I.51.1 Introduction I.51.2 Climate change effects on indigenous peoples I.51.3 Tribal mitigation and adaptation I.51.4 Litigation I.51.5 UNDRIP and climate change I.51.6 Conclusion I.51.1 Introduction Indigenous peoples throughout the world, notwithstanding their wide variety, share characteristics that have particular salience in the context of climate change. Indigenous peoples’ cultural, spiritual and economic practices are tied to landscape and place in ways that are distinct from other societies. The effects of climate change, such

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Climate Change and Indigenous Peoples

The Search for Legal Remedies

Edited by Randall S. Abate and Elizabeth Ann Kronk

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).
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James A. R. Nafziger

JOBNAME: Nafziger PAGE: 1 SESS: 4 OUTPUT: Mon Oct 30 11:14:01 2017 9. Cultural landscapes significant to indigenous peoples James A.R. Nafziger I. APPLICABLE INTERNATIONAL AND REGIONAL LAW A. An Overview An exact definition of “cultural landscapes,” which should be extended to include seascapes, is not fully settled. The core concept has nevertheless helped shape research agendas and policy1 in several disciplines. These include, for example, archaeology, anthropology, cultural heritage law, economic development studies, environmental management, environmental

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Felipe Gómez Isa

From objects of protection to subjects of rights 4. Indigenous peoples: from objects of protection to subjects of rights Felipe Gómez Isa To the memory of Bertha Cáceres1 INTRODUCTION Indigenous peoples have lived through a process of invisibility and systematic exclusion since the era of conquest. The arrival of republican states in Latin America following the decolonization process did not involve a substantial change in the traditional relationship of subjection and submission endured by native peoples in the Americas. In the mid twentieth century, the

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Federico Lenzerini

JOBNAME: Graziadei & Smith PAGE: 1 SESS: 4 OUTPUT: Tue Dec 20 10:52:53 2016 18. The land rights of indigenous peoples under international law Federico Lenzerini 1. INTRODUCTION: THE SIGNIFICANCE OF TRADITIONAL LANDS FOR INDIGENOUS PEOPLES Treat the earth well: it was not given to you by your parents, it was loaned to you by your children. We do not inherit the Earth from our ancestors, we borrow it from our children. Ancient Native American proverb What is this you call property? It cannot be the earth, for the land is our mother, nourishing all her children

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Edited by Paul Martin, Sadeq Z. Bigdeli, Trevor Daya-Winterbottom, Willemien du Plessis and Amanda Kennedy

PART IV Recognition of indigenous peoples’ interests The final section is focused upon indigenous peoples’ issues and approaches. The questions raised in this Part bring into sharp focus the ambiguities and complexities of implementing environmental justice, either from the perspective of vulnerability, or from the perspective of human rights. The three chapters all suggest that the most challenging frontier of environment and justice is the issue of indigenous peoples’ interests, and that responding effectively to these challenges is a fundamental concern both

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REDD+ and indigenous peoples in Brazil

The Search for Legal Remedies

Andrew Long

8 REDD+ and indigenous peoples in Brazil Andrew Long INTRODUCTION The Brazilian Amazon encompasses one-third of the world’s remaining forest and is home to hundreds of thousands of indigenous peoples who depend on the forest for much or all of their basic sustenance, as well as their culture. The Amazon also stands as an exceptionally important element of developing an effective global response to climate change. The forest, as a whole, holds approximately 9 to 14 billion tons of carbon and, thus, halting its destruction is a globally significant mitigation

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Marie Wilke

The rights of indigenous peoples are recognized in numerous international legal instruments, most notably the 2007 United Nations (UN) Declaration on the Rights of Indigenous Peoples (UNDRIP), and have become an integral part of the international human rights and environmental law regimes. The right to self-determination and to free, prior, and informed consent (FPIC) are the cornerstones of this emerging regime. Neither World Trade Organization (WTO) nor international investment law expressly recognize this body of law. Nonetheless, international economic