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Climate Change And Indigenous Peoples

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Climate Change And Indigenous Peoples

The Search for Legal Remedies

Randall S. Abate , Elizabeth Ann Kronk Warner

Edited by Randall S. Abate, Professor of Law and Director, Center for International Law and Justice, Florida A&M University College of Law, US and Elizabeth Ann Kronk Warner, Associate Professor of Law and Director, Tribal Law and Government Center, University of Kansas School of Law, US

2013 616 pp Hardback 978 1 78100 179 0
2013 Paperback 978 1 78347 417 2
ebook isbn 978 1 78100 180 6

Hardback £145.00 on-line price £130.50

Paperback £35.00 on-line price £28.00


Available as an eBook for subscribing libraries on Elgaronline.

For individuals at paper price on Google ebooks and

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‘This volume pairs climate change-related issues with legal solutions tailored to indigenous peoples and their concerns, covering world regions from the Pacific Islands to North and South America and Africa and providing a wide range of subjects: everything from reindeer husbandry in a changing Saami world to international litigation arising from climate change disputes. The result is a solid and varied set of articles and analyses key to any international legal collection and for social issues readers alike.’
– Midwest Book Review

This timely volume explores the ways in which indigenous peoples across the world are challenged by climate change impacts, and discusses the legal resources available to confront those challenges.

Contributors: R.S. Abate, D. Badrinarayana, K. Boom, M. Burkett, J.M. Cha, E. Charles-Newton, L.A. Crippa, M. Davis, P. Dong, N. Johnstone, P. Kameri-Mbote, P. Kebec, S. Krakoff, E.A. Kronk, J.-D. Lavallee, J. Liu, A. Long, L.A. Miranda, C.Y. Mulalap, E. Nyukuri, H. Osofsky, J.V. Royster, I.L. Stoyanova, V. Sutton, E.J. Techera, S. Thériault, R. Tsosie, P. Van Tuyn, W. Yu

Further information

This timely volume explores the ways in which indigenous peoples across the world are challenged by climate change impacts, and discusses the legal resources available to confront those challenges.

Indigenous peoples occupy a unique niche within the climate justice movement, as many indigenous communities live subsistence lifestyles that are severely disrupted by the effects of climate change. Additionally, in many parts of the world, domestic law is applied differently to indigenous peoples than it is to their non-indigenous peers, further complicating the quest for legal remedies. The contributors to this book bring a range of expert legal perspectives to this complex discussion, offering both a comprehensive explanation of climate change-related problems faced by indigenous communities and a breakdown of various real world attempts to devise workable legal solutions. Regions covered include North and South America (Brazil, Canada, the US and the Arctic), the Pacific Islands (Fiji, Tuvalu and the Federated States of Micronesia), Australia and New Zealand, Asia (China and Nepal) and Africa (Kenya).

This comprehensive volume will appeal to professors and students of environmental law, indigenous law and international law, as well as practitioners and policymakers with an interest in indigenous legal issues and environmental justice.

Full table of contents


Stacy Leeds

1. Commonality Among Unique Indigenous Communities: An Introduction to Climate Change and its Impacts on Indigenous Peoples
Randall S. Abate and Elizabeth Ann Kronk

2. Introduction to International and Domestic Climate Change Regulation
Deepa Badrinarayana

3. Introduction to Indigenous Peoples’ Status and Rights under International Human Rights Law
Lillian Aponte Miranda

4. Introduction to Indigenous Sovereignty under International and Domestic Law
Eugenia Charles-Newton and Elizabeth Ann Kronk

5. Climate Change and Indigenous Peoples: Comparative Models of Sovereignty
Rebecca Tsosie

6. Indigenous Environmental Knowledge and Climate Change Adaptation
Maxine Burkett

International Organizations
7. REDD+: Its Potential to Melt the Glacial Resistance to Recognize Human Rights and Indigenous Peoples’ Rights at the World Bank
Leonardo A. Crippa

South America
8. REDD+ and Indigenous Peoples in Brazil
Andrew Long

9. REDD+: Climate Justice or a New Face of Manifest Destiny? Lessons Drawn from the Indigenous Struggle to Resist Colonization of Ojibwe Forests in the Nineteenth and Twentieth Centuries
Philomena Kebec

Lower 48 States of the United States of America
10. Natural Resource Development and Indigenous Peoples
Sarah Krakoff and Jon-Daniel Lavallee

11. Climate Change and Tribal Water Rights: Removing Barriers to Adaptation Strategies
Judith V. Royster

12. Canadian Indigenous Peoples and Climate Change: The Potential for Arctic Land Claims Agreements to Address Changing Environmental Conditions
Sophie Thériault

13. America’s Arctic: Climate Change Impacts on Indigenous Peoples and Subsistence
Peter Van Tuyn

14. The Saami Facing the Impacts of Global Climate Change
Irina L. Stoyanova

15. Complexities of Addressing the Impacts of Climate Change on Indigenous Peoples through International Law Petitions: A Case Study of the Inuit Petition to the Inter-American Commission on Human Rights
Hari M. Osofsky

Pacific Island Nations
16. Climate Change, Legal Governance and the Pacific Islands: An Overview
Erika J. Techera

17. Fiji: Climate Change, Tradition and Vanua
Victoria Sutton

18. Islands in the Stream: Addressing Climate Change from a Small Island Developing State Perspective
Clement Yow Mulalap

19. The Rising Tide of International Climate Litigation: An Illustrative Hypothetical of Tuvalu v. Australia
Keely Boom

20. The Impacts of Climate Change on Indigenous Populations in China and Legal Remedies
Wenxuan Yu, Jingjing Liu and Po Dong

21. Changing Climate and Changing Rights: Exploring Legal and Policy Frameworks for Indigenous Mountain Communities in Nepal to Face the Challenges of Climate Change
J. Mijin Cha

Australia and New Zealand
22. Climate Change Impacts to Aboriginal and Torres Strait Islander Communities in Australia
Megan Davis

23. Negotiating Climate Change: Maori, the Crown and New Zealand’s Emission Trading Scheme
Naomi Johnstone

24. Climate Change, Law and Indigenous Peoples in Kenya: Ogiek and Maasai Narratives
Patricia Kameri-Mbote and Elvin Nyukuri


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