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OverviewThis 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. Full Product DetailsAuthor: Giada GiacominiPublisher: Springer International Publishing AG Imprint: Palgrave Macmillan Edition: 1st ed. 2022 Weight: 0.703kg ISBN: 9783031095078ISBN 10: 3031095073 Pages: 422 Publication Date: 11 October 2022 Audience: Professional and scholarly , Professional & Vocational Format: Hardback Publisher's Status: Active Availability: Manufactured on demand  We will order this item for you from a manufactured on demand supplier. Table of Contents1. 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 a 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 researchReviewsAuthor InformationGiada Giacomini is an experienced researcher in international human rights law, international environmental law, climate change law and policy, and with an interest in climate vulnerable communities. She holds a PhD in Public, Comparative and International Law. She specializes in climate justice, critical legal studies and non-anthropocentric law. Upon completion of her PhD studies, she completed an Internship at the Independent Redress Mechanism of the Green Climate Fund. She is currently involved in several research projects dealing with ecosocial work, environmental conservation and Indigenous peoples, and climate litigation Tab Content 6Author Website:Countries AvailableAll regions |
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