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

Front Cover
Earthscan, 2012 - 365 pages
More than 300 million people in over 70 countries make up the worlds 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 defenceless, 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.
 

Contents

PART TWO Selected Examples from Domestic and International Case Law
69
Principles and Reality
161
PART FOUR Some Modest Proposals for Global Governance
217
Appendices
275
List of Acronyms and Abbreviations
311
List of Cases
313
List of Documents
317
Bibliography
323
Index
341
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About the author (2012)

Laura Westra is Professor Emerita (Philosophy), University of Windsor, PhD in Law, Osgoode Hall Law School and Adjunct Professor of Social Science, York University, Canada. She is the author of 18 books including Environmental Justice and the Rights of Unborn and Future Generations, published by Earthscan in 2006.

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