Indigenous Peoples and Climate Justice: A Critical Analysis of International Human Rights Law and Governance

ISBN-13: 9783031095078 / Angielski / Twarda / 2022 / 436 str.

Giada Giacomini

Spis treści

1. Introduction

Setting up the scene: an international perspective

Book methodology

Community research methodology

Outline of the book

References

2. Climate justice as an interpretative approach

Introduction

The notion of climate justice

Distribution, recognition and participation as a justice discourse

Capabilities approach, human rights and justice

Decolonial theories

Recognition of customary law and Indigenous knowledge: same old (neo)colonial story?

Indigenous Peoples, Climate Change and Colonialism

Re-Thinking Vulnerability

Contextualizing Climate Change and Colonialism: the Yanesha people of the Palcazu valley in Peru

Conclusions

References

3. The International Legal Framework: Human Rights and Climate Change

Introduction

Human rights-based approaches to climate change

The paradox and the inclusive promise of human rights-based approaches to climate change

Human rights, climate change and international law

Substantive rights, procedural and participatory rights and related challenges

Environmental rights and climate change

Indivisibility of human rights and the environment: the right to a healthy environment

Climate change and the right to life, food, health, water and other fundamental rights: an issue of justice

Conclusions

References

4. Indigenous Peoples in International Law and Governance

Introduction

The international protection of Indigenous peoples’ rights

Political doctrines of colonization and decolonization adopted within international law

Individual and collective rights

Indigenous peoples and international law human rights law

Human rights dimensions of environmental law

Jurisprudence of international courts

The participation of Indigenous Peoples in International Fora

Participation from local to global

The UN system: the establishment of the Permanent Forum on Indigenous Issues

From exclusion in climate governance to the International Indigenous Peoples Forum on Climate Change

Conclusions

References

5. Participatory Rights, Conservation and Indigenous Customary Law

Introduction

Right to Consultation and to FPIC

Differences between Consultation and Consent: two different standards in International Law?

Consent, Traditional Knowledge and Benefit-Sharing

Indigenous critiques and guidelines to the operationalization of FPIC

Climate finance, participation and redress: the case of the Independent Redress Mechanism of the Green Climate Fund

The enforcement of consent procedures in national legislation: example from Peru

Biodiversity Conservation, Emissions Reductions and Indigenous Customary Law

REDD+, conservation and the commodification of forests

Indigenous and Community Conserved Areas

The status of Indigenous Customary Law

Conclusions

References

6. Climate Change and Litigation: Human rights as a tool to achieve climate justice

Introduction

Climate Change Litigation & Indigenous Peoples

Conceptualizing and quantifying climate litigation

Types of liability and the potential for a human rights-based approach in climate litigation

Indigenous peoples in climate litigation

Conclusions

References

7. Beyond the human rights-based approach: Rights of Nature and Ecological Integrity

Introduction

Earth jurisprudence as a systemic and epistemic alternative

Not only human rights: Indigenous cosmovision and Rights of Nature

Critical aspects of Rights of Nature vis à vis Indigenous anthropomorphism

Rights of Nature in Global Environmental Litigation

The right of Ecological Integrity: a way forward

Conclusions

References

8. Conclusion

Achieving climate justice within a world of coloniality

Ways forward and future avenues for research

O autorze

Giada 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

Blurb

This 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.

Giada 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.