Indigenous peoples and climate justice : a critical analysis of international human rights law and governance /: a critical analysis of international human rights law and governance. (2022)

• Record Type: Book
• Further Information: Note: Giada Giacomini.
• Authors: Giacomini, Giada
• Contents: 1. IntroductionSetting up the scene: an international perspectiveBook methodologyCommunity research methodologyOutline of the bookReferences 2. Climate justice as an interpretative approachIntroductionThe notion of climate justiceDistribution, recognition and participation as a justice discourseCapabilities approach, human rights and justiceDecolonial theoriesRecognition of customary law and Indigenous knowledge: same old (neo)colonial story?Indigenous Peoples, Climate Change and ColonialismRe-Thinking VulnerabilityContextualizing Climate Change and Colonialism: the Yanesha people of the Palcazu valley in PeruConclusionsReferences 3. The International Legal Framework: Human Rights and Climate ChangeIntroductionHuman rights-based approaches to climate change The paradox and the inclusive promise of human rights-based approaches to climate changeHuman rights, climate change and international lawSubstantive rights, procedural and participatory rights and related challenges Environmental rights and climate changeIndivisibility of human rights and the environment: the right to a healthy environmentClimate change and the right to life, food, health, water and other fundamental rights: an issue of justiceConclusionsReferences 4. Indigenous Peoples in International Law and GovernanceIntroductionThe international protection of Indigenous peoples' rightsPolitical doctrines of colonization and decolonization adopted within international lawIndividual and collective rightsIndigenous peoples and international law human rights law Human rights dimensions of environmental lawJurisprudence of international courtsThe participation of Indigenous Peoples in International ForaParticipation from local to globalThe UN system: the establishment of the Permanent Forum on Indigenous IssuesFrom exclusion in climate governance to the International Indigenous Peoples Forum on Climate ChangeConclusionsReferences 5. Participatory Rights, Conservation and Indigenous Customary Law IntroductionRight to Consultation and to FPICDifferences between Consultation and Consent: two different standards in International Law?Consent, Traditional Knowledge and Benefit-SharingIndigenous critiques and guidelines to the operationalization of FPICClimate finance, participation and redress: the case of the Independent Redress Mechanism of the Green Climate FundThe enforcement of consent procedures in national legislation: example from PeruBiodiversity Conservation, Emissions Reductions and Indigenous Customary LawREDD+, conservation and the commodification of forests Indigenous and Community Conserved AreasThe status of Indigenous Customary LawConclusionsReferences 6. Climate Change and Litigation: Human rights as a tool to achieve climate justiceIntroductionClimate Change Litigation & Indigenous PeoplesConceptualizing and quantifying climate litigationTypes of liability and the potential for a human rights-based approach in climate litigationIndigenous peoples in climate litigationConclusionsReferences 7. Beyond the human rights-based approach: Rights of Nature and Ecological Integrity IntroductionEarth jurisprudence as a systemic and epistemic alternativeNot only human rights: Indigenous cosmovision and Rights of NatureCritical aspects of Rights of Nature vis à vis Indigenous anthropomorphism Rights of Nature in Global Environmental LitigationThe right of Ecological Integrity: a way forwardConclusionsReferences 8. ConclusionAchieving climate justice within a world of colonialityWays forward and future avenues for research.
• Publisher Details: Basingstoke : Palgrave Macmillan
• Publication Date: 2022
• Extent: 1 online resource, illustrations (black and white)
• Subjects: 342.0872; Indigenous peoples -- Legal status, laws, etc; Indigenous peoples -- Civil rights; Climatic changes -- Law and legislation; Liability for climatic change damages
• Languages: English
• ISBNs: 9783031095085
• Related ISBNs: 9783031095078
• Notes: Note: Description based on CIP data; resource not viewed.
• Access Rights: Legal Deposit; Only available on premises controlled by the deposit library and to one user at any one time; The Legal Deposit Libraries (Non-Print Works) Regulations (UK).
• Access Usage: Restricted: Printing from this resource is governed by The Legal Deposit Libraries (Non-Print Works) Regulations (UK) and UK copyright law currently in force.