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.
Author(s): Giada Giacomini
Series: Energy, Climate and the Environment
Publisher: Palgrave Macmillan
Year: 2022
Language: English
Pages: 434
City: Cham
Foreword
Acknowledgements
Contents
Abbreviations
List of Tables
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
Indigenous 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
Rethinking Vulnerability
Contextualizing Climate Change and Colonialism: The Yanesha Peoples of the Palcazu Valley in Peru
Conclusion
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
Right to Life
Right to Food
Right to Health
Right to Water
Other Human Rights at Stake
Conclusion
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 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
Conclusion
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 Independent Redress Mechanism of the Green Climate Fund and the Peruvian Project
The Enforcement of Consent Procedures in National Legislation: Example from Peru
Biodiversity Conservation, Emissions Reductions and Indigenous Customary Law
REDD+, Conservation and Commodification of Forests
Indigenous and Community Conserved Areas
The Status of Indigenous Customary Law
Conclusion
References
6: Climate Change and Litigation: Human Rights as a Tool for Climate Justice
Introduction
Climate Litigation and 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
Conclusion
References
7: Beyond the Human Rights-Based Approach: Rights of Nature and Ecological Integrity
Introduction
Earth Jurisprudence as a Systemic and Epistemic Alternative in the Climate Change Context
Not Only Human Rights: Indigenous Cosmovision and Rights of Nature
Critical Aspects of Rights of Nature vis-a-vis Indigenous Anthropomorphism
Rights of Nature in Law and Governance
Rights of Nature in Global Environmental Litigation
The Right of Ecological Integrity: A Way Forward Through a Non-centredness Theory
Conclusion
References
8: Conclusion
Achieving Climate Justice Within a World of Coloniality
Ways Forward and Future Avenues for Research
Appendix
Pictures from Yanesha Communities, November 2018
Index
