Download or read book Encircled Lands written by Judith Binney and published by Bridget Williams Books. This book was released on 2021-05-07 with total page 670 pages. Available in PDF, EPUB and Kindle. Book excerpt: For Europeans during the nineteenth century, the Urewera was a remote wilderness; for those who lived there, it was a sheltering heartland. This history documents the first hundred years of the ‘Rohe Pōtae’ (the ‘encircled lands’ of the Urewera) following European contact. After large areas of land were lost, the Urewera became for a brief period an autonomous district, governed by its own leaders. But in 1921–22, the Urewera District Native Reserve was abolished in law. Its very existence became largely forgotten – except in local memory. Recovering this history from a wealth of contemporary documents, many written by Urewera leaders, Encircled Lands contextualises Tūhoe’s quest for a constitutional agreement that restores their authority in their lands.
Download or read book The Rights of Nature written by David R. Boyd and published by ECW Press. This book was released on 17-09-05 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: An important and timely recipe for hope for humans and all forms of life Palila v Hawaii. New ZealandÕs Te Urewera Act. Sierra Club v Disney. These legal phrases hardly sound like the makings of a revolution, but beyond the headlines portending environmental catastrophes, a movement of immense import has been building Ñ in courtrooms, legislatures, and communities across the globe. Cultures and laws are transforming to provide a powerful new approach to protecting the planet and the species with whom we share it. Lawyers from California to New York are fighting to gain legal rights for chimpanzees and killer whales, and lawmakers are ending the era of keeping these intelligent animals in captivity. In Hawaii and India, judges have recognized that endangered species Ñ from birds to lions Ñ have the legal right to exist. Around the world, more and more laws are being passed recognizing that ecosystems Ñ rivers, forests, mountains, and more Ñ have legally enforceable rights. And if nature has rights, then humans have responsibilities. In The Rights of Nature, noted environmental lawyer David Boyd tells this remarkable story, which is, at its heart, one of humans as a species finally growing up. Read this book and your world view will be altered forever.
Download or read book The Politics of Rights of Nature written by Craig M. Kauffman and published by MIT Press. This book was released on 2021-08-17 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: How Rights of Nature laws are transforming governance to address environmental crises through more ecologically sustainable approaches to development. With the window of opportunity to take meaningful action on climate change and mass extinction closing, a growing number of communities, organizations, and governments around the world are calling for Rights of Nature (RoN) to be legally recognized. RoN advocates are creating new laws that recognize natural ecosystems as subjects with inherent rights, and appealing to courts to protect those rights. Going beyond theory and philosophy, in this book Craig Kauffman and Pamela Martin analyze the politics behind the creation and implementation of these laws, as well as the effects of the laws on the politics of sustainable development. Kauffman and Martin tell how community activists, lawyers, judges, scientists, government leaders, and ordinary citizens have formed a global movement to advance RoN as a solution to the environmental crises facing the planet. They compare successful and failed attempts to implement RoN at various levels of government in six countries--Bolivia, Colombia, Ecuador, India, New Zealand, and the United States--asking why these laws emerged and proliferated in the mid-2000s, why they construct RoN differently, and why some efforts at implementation are more successful than others. As they analyze efforts to use RoN as a tool for constructing more ecocentric sustainable development, capable of achieving the 2030 Agenda for Sustainable Development goal of living "in harmony with Nature," Kauffman and Martin show how RoN jurisprudence evolves through experimentation and reshapes the debates surrounding sustainable development.
Download or read book The Frontiers of Public Law written by Jason NE Varuhas and published by Bloomsbury Publishing. This book was released on 2020-01-09 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: This major collection contains selected papers from the third Public Law Conference, an international conference hosted by the University of Melbourne in July 2018. The collection includes contributions by leading academics and senior judges from across the common law world, including Australia, Canada, New Zealand, the United Kingdom and the United States. The collection explores the frontiers of public law, examining cutting-edge issues at the intersection of public law and other fields. The collection addresses four principal frontiers: public law and international law; public law and indigenous peoples; public law and other domestic fields, specifically criminal law and private law; and public law and public administration. In common with the two books from the previous Public Law Conferences, this collection offers authoritative insights into the most important issues emerging in public law, and is essential reading for those working in the field.
Download or read book Indigenous Rights in Modern Landscapes written by Lars Elenius and published by Taylor & Francis. This book was released on 2016-11-10 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the diverse use of Indigenous customary rights in modern landscapes from a multidisciplinary perspective. Divided into two parts, the first deals explicitly with Sámi customary rights in relation to nature conservation in the Nordic countries and Russia from a legal and historical perspective. The authors investigate how longstanding Sámi customary territorial rights have been reassessed in the context of new kinds of legislation regarding Indigenous people. They also look at the ideas behind the historical models of nature conservation. The second part deals with the ideas and implementation of new kinds of postcolonial models of nature conservation. The case of the Sámi is compared with other Indigenous people internationally with cases from Australia, New Zealand, Canada and India. The work investigates how the governance of protected areas has been influenced by the principles of equality and positive discrimination, and how it has affected the possibilities of establishing adaptive co-management arrangements for specific areas. How the legal situation of Indigenous peoples has been recognised in an international context is also investigated. The volume provides a multidisciplinary analysis of how the customary livelihood of Indigenous people has adapted to modern industrialised landscapes and also how postcolonial approaches have contributed to global changes of Indigenous rights and nature conservation models.
Download or read book Plants People and Places written by Nancy J. Turner and published by McGill-Queen's Press - MQUP. This book was released on 2020-08-20 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: For millennia, plants and their habitats have been fundamental to the lives of Indigenous Peoples - as sources of food and nutrition, medicines, and technological materials - and central to ceremonial traditions, spiritual beliefs, narratives, and language. While the First Peoples of Canada and other parts of the world have developed deep cultural understandings of plants and their environments, this knowledge is often underrecognized in debates about land rights and title, reconciliation, treaty negotiations, and traditional territories. Plants, People, and Places argues that the time is long past due to recognize and accommodate Indigenous Peoples' relationships with plants and their ecosystems. Essays in this volume, by leading voices in philosophy, Indigenous law, and environmental sustainability, consider the critical importance of botanical and ecological knowledge to land rights and related legal and government policy, planning, and decision making in Canada, the United States, Sweden, and New Zealand. Analyzing specific cases in which Indigenous Peoples' inherent rights to the environment have been denied or restricted, this collection promotes future prosperity through more effective and just recognition of the historical use of and care for plants in Indigenous cultures. A timely book featuring Indigenous perspectives on reconciliation, environmental sustainability, and pathways toward ethnoecological restoration, Plants, People, and Places reveals how much there is to learn from the history of human relationships with nature.
Download or read book Understanding the Rights of Nature written by Mihnea Tanasescu and published by transcript Verlag. This book was released on 2022-01-31 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rivers, landscapes, whole territories: these are the latest entities environmental activists have fought hard to include in the relentless expansion of rights in our world. But what does it mean for a landscape to have rights? Why would anyone want to create such rights, and to what end? Is it a good idea, and does it come with risks? This book presents the logic behind giving nature rights and discusses the most important cases in which this has happened, ranging from constitutional rights of nature in Ecuador to rights for rivers in New Zealand, Colombia, and India. Mihnea Tanasescu offers clear answers to the thorny questions that the intrusion of nature into law is sure to raise.
Download or read book Rights of Nature written by Daniel P. Corrigan and published by Routledge. This book was released on 2021-05-16 with total page 147 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rights of nature is an idea that has come of age. In recent years, a diverse range of countries and jurisdictions have adopted these norms, which involve granting legal rights to nature or natural objects, such as rivers, forests, or ecosystems. This book critically examines the idea of natural objects as right-holders and analyzes legal cases, policies, and philosophical issues relating to this development. Drawing on contributions from a range of experts in the field, Rights of Nature: A Re-examination investigates the potential for this innovative idea to revolutionize the concepts of rights, standing, and recognition as traditionally understood in many legal systems. Taking as its starting point Stone’s influential 1972 article "Should Trees Have Standing?," the book examines the progress rights of nature have made since that time, by identifying central themes, unifying principles, and key distinctions in how rights of nature discourse has been operationalized in the disciplines of law, philosophy, and the social sciences. These themes and principles are illustrated through a wide variety of examples, including ecosystem services, indigenous thinking, and ecological restoration, demonstrating how the relationship between humanity and the natural world may be transforming. Taking a philosophical, political, and legal perspective, this book will be of great interest to students and scholars of environmental law and policy, environmental ethics, and philosophy.
Download or read book A Separate Authority He Mana Motuhake Volume I written by Steven Webster and published by Springer Nature. This book was released on 2020-07-07 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an ethnohistorical reconstruction of the establishment in New Zealand of a rare case of Maori home-rule over their traditional domain, backed by a special statute and investigated by a Crown commission the majority of whom were Tūhoe leaders. However, by 1913 Tūhoe home-rule over this vast domain was being subverted by the Crown, which by 1926 had obtained three-quarters of their reserve. By the 1950s this vast area had become the rugged Urewera National Park, isolating over 200 small blocks retained by stubborn Tūhoe "non-sellers". After a century of resistance, in 2014 the Tūhoe finally regained statutory control over their ancestral domain and a detailed apology from the Crown.
Download or read book Intangible Heritage and Participation written by Marilena Alivizatou and published by Routledge. This book was released on 2021-07-12 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intangible Heritage and Participation examines participation as an intellectual and operational frame in safeguarding intangible heritage. Including case studies from the Netherlands, Belgium, Aotearoa New Zealand, Greece, Peru, Britain, Denmark, Sweden and Japan, the book provides an analysis of safeguarding as a museological framework and further investigates safeguarding practices in participatory research, memory-work and cultural transmission. Drawing on conversations about ‘the tyranny of participation’, the book looks into the complexities of participatory projects on the ground, from community research and collecting to the mapping of Indigenous values in environmental conservation and processes of active remembering of ‘difficult intangible heritage’ of forced migration, political violence and mental illness. Cautioning against the uncritical adoption of participation as a universal ethical discourse, Alivizatou argues that the ethics of cosmopolitanism should guide safeguarding practices at an international level. Intangible Heritage and Participation offers an original approach to thinking about and working with intangible heritage and, as such, should be essential reading for academics, researchers and students in, among others, the fields of cultural heritage studies, museology, anthropology and cultural development. It should also be of interest to heritage and museum professionals and anyone else interested in cultural heritage theory and practice.
Download or read book Earth Law written by Anthony R. Zelle and published by Aspen Publishing. This book was released on 2020-09-18 with total page 952 pages. Available in PDF, EPUB and Kindle. Book excerpt: Earth Law: Emerging Ecocentric Law—A Guide for Practitioners is a book for students and practicing lawyers who seek to preserve a habitable planet and question whether current environmental law is sufficient for the task. Earth law is the emerging body of ecocentric law for protecting, restoring, and stabilizing the functional interdependency of Earth’s life and life-support systems. Earth law may be expressed in constitutional, statutory, common law, and customary law, as well as in treaties and other agreements both public and private. It is a rapidly developing field in many nations, municipalities, Indigenous communities, and international institutions. This course of study is for students and lawyers who know that nature and human environmental rights need to have seats at the table of law—in courts, legislatures, administrative bodies, enforcement agencies, and civil society. Professors and students will benefit from: The first legal coursebook comprehensively addressing ecocentric law and jurisprudence Thorough exploration of critical, rapidly evolving topics such as rights of future generations, atmospheric trust litigation, the public trust doctrine, ecocide, the climate necessity defense, Indigenous legalities, and rights of nature laws in their many forms Expansive examination of the settings in which Earth law is developing and the principles of Earth jurisprudence on which it is based A penetrating critique of environmental law frameworks developed since the 1970s. Practical and theoretical foundations for developing systems of ecological governance and the ethical responsibilities of lawyers, individually and collectively Accumulated knowledge, experience, and perspective of more than 20 authors and editors active in the field Practical tools for the Earth law practitioner’s toolbox
Download or read book The Right Relationship written by John Borrows and published by University of Toronto Press. This book was released on 2017-01-01 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Right Relationship, John Borrows and Michael Coyle bring together a group of renowned scholars, both indigenous and non-indigenous, to cast light on the magnitude of the challenges Canadians face in seeking a consensus on the nature of treaty partnership in the twenty-first century.
Download or read book Bridging Cultural Concepts of Nature written by Rani-Henrik Andersson and published by Helsinki University Press. This book was released on 2021-12-16 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: National parks and other preserved spaces of nature have become iconic symbols of nature protection around the world. However, the worldviews of Indigenous peoples have been marginalized in discourses of nature preservation and conservation. As a result, for generations of Indigenous peoples, these protected spaces of nature have meant dispossession, treaty violations of hunting and fishing rights, and the loss of sacred places. Bridging Cultural Concepts of Nature brings together anthropologists and archaeologists, historians, linguists, policy experts, and communications scholars to discuss differing views and presents a compelling case for the possibility of more productive discussions on the environment, sustainability, and nature protection. Drawing on case studies from Scandinavia to Latin America and from North America to New Zealand, the volume challenges the old paradigm where Indigenous peoples are not included in the conservation and protection of natural areas and instead calls for the incorporation of Indigenous voices into this debate. This original and timely edited collection offers a global perspective on the social, cultural, economic, and environmental challenges facing Indigenous peoples and their governmental and NGO counterparts in the co-management of the planet’s vital and precious preserved spaces of nature.
Download or read book Subjects of Intergenerational Justice written by Christine J. Winter and published by Routledge. This book was released on 2021-09-05 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book challenges mainstream Western IEJ (intergenerational environmental justice) in a manner that privileges indigenous philosophies and highlights the value these philosophies have for solving global environmental problems. Divided into three parts, the book begins by examining the framing of Western liberal environmental, intergenerational and indigenous justice theory and reviews decolonial theory. Using contemporary case studies drawn from the courts, film, biography and protests actions, the second part explores contemporary Māori and Aboriginal experiences of values-conflict in encounters with politics and law. It demonstrates the deep ontological rifts between the philosophies that inform Māori and Aboriginal intergenerational justice (IJ) and those of the West that underpin the politics and law of these two settler states. Existing Western IEJ theories, across distributional, communitarian, human rights based and the capabilities approach to IJ, are tested against obligations and duties of specific Māori and Aboriginal iwi and clans. Finally, in the third part, it explores the ways we relate to time and across generations to create regenerative IJ. Challenging the previous understanding of the conceptualization of time, it posits that it is in how we relate—human to human, human to nonhuman, nonhuman to human—that robust conceptualization of IEJ emerges. This volume presents an imagining of IEJ which accounts for indigenous norms on indigenous terms and explores how this might be applied in national and international responses to climate change and environmental degradation. Demonstrating how assumptions in mainstream justice theory continue to colonise indigenous people and render indigenous knowledge invisible, this book will be of great interest to students and scholars of environmental and intergenerational philosophy, political theory, indigenous studies and decolonial studies, and environmental humanities more broadly.
Download or read book Indigenous Peoples and the State written by Mark Hickford and published by Taylor & Francis. This book was released on 2018-07-04 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: Across the globe, there are numerous examples of treaties, compacts, or other negotiated agreements that mediate relationships between Indigenous peoples and states or settler communities. Perhaps the best known of these, New Zealand’s Treaty of Waitangi is a living, and historically rich, illustration of this types of negotiated agreement, and both the symmetries and asymmetries of Indigenous-State relations. This collection refreshes the scholarly and public discourse relating to the Treaty of Waitangi and makes a significant contribution to the international discussion of Indigenous-State relations and reconciliation. The essays in this collection explore the diversity of meanings that have been ascribed to Indigenous-State compacts, such as the Treaty, by different interpretive communities. As such, they enable and illuminate a more dynamic conversation about their meanings and applications, as well as their critical role in processes of reconciliation and transitional justice today.
Download or read book Climate Change and the Voiceless written by Randall S. Abate and published by Cambridge University Press. This book was released on 2019-10-24 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: Identifies the common vulnerabilities of the voiceless and demonstrates how the law can evolve to protect their interests more effectively.
Download or read book Environmental Rights written by Stephen J. Turner and published by Cambridge University Press. This book was released on 2019-05-23 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive and systematic guide to environmental rights and their relationship with standards of protection globally, nationally and locally.
