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

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 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 "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."-- Provided by publisher