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Indigenous Legal Judgments: Bringing Indigenous Voices into Judicial Decision Making
by Nicole Watson and Heather DouglasThis book is a collection of key legal decisions affecting Indigenous Australians, which have been re-imagined so as to be inclusive of Indigenous people’s stories, historical experience, perspectives and worldviews.In this groundbreaking work, Indigenous and non-Indigenous scholars have collaborated to rewrite 16 key decisions. Spanning from 1889 to 2017, the judgments reflect the trajectory of Indigenous people’s engagements with Australian law. The collection includes decisions that laid the foundation for the wrongful application of terra nullius and the long disavowal of native title. Contributors have also challenged narrow judicial interpretations of native title, which have denied recognition to Indigenous people who suffered the prolonged impacts of dispossession. Exciting new voices have reclaimed Australian law to deliver justice to the Stolen Generations and to families who have experienced institutional and police racism. Contributors have shown how judicial officers can use their power to challenge systemic racism and tell the stories of Indigenous people who have been dehumanised by the criminal justice system.The new judgments are characterised by intersectional perspectives which draw on postcolonial, critical race and whiteness theories. Several scholars have chosen to operate within the parameters of legal doctrine. Some have imagined new truth-telling forums, highlighting the strength and creative resistance of Indigenous people to oppression and exclusion. Others have rejected the possibility that the legal system, which has been integral to settler-colonialism, can ever deliver meaningful justice to Indigenous people.The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.
Indigenous Legal Judgments: Bringing Indigenous Voices into Judicial Decision Making
by Nicole Watson Heather DouglasThis book is a collection of key legal decisions affecting Indigenous Australians, which have been re-imagined so as to be inclusive of Indigenous people’s stories, historical experience, perspectives and worldviews.In this groundbreaking work, Indigenous and non-Indigenous scholars have collaborated to rewrite 16 key decisions. Spanning from 1889 to 2017, the judgments reflect the trajectory of Indigenous people’s engagements with Australian law. The collection includes decisions that laid the foundation for the wrongful application of terra nullius and the long disavowal of native title. Contributors have also challenged narrow judicial interpretations of native title, which have denied recognition to Indigenous people who suffered the prolonged impacts of dispossession. Exciting new voices have reclaimed Australian law to deliver justice to the Stolen Generations and to families who have experienced institutional and police racism. Contributors have shown how judicial officers can use their power to challenge systemic racism and tell the stories of Indigenous people who have been dehumanised by the criminal justice system.The new judgments are characterised by intersectional perspectives which draw on postcolonial, critical race and whiteness theories. Several scholars have chosen to operate within the parameters of legal doctrine. Some have imagined new truth-telling forums, highlighting the strength and creative resistance of Indigenous people to oppression and exclusion. Others have rejected the possibility that the legal system, which has been integral to settler-colonialism, can ever deliver meaningful justice to Indigenous people.The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.
Indigenous Life Projects and Extractivism: Ethnographies from South America (Approaches to Social Inequality and Difference)
by Cecilie Vindal Ødegaard Juan Javier Rivera AndíaExploring indigenous life projects in encounters with extractivism, the present open access volume discusses how current turbulences actualise questions of indigeneity, difference and ontological dynamics in the Andes and Amazonia. While studies of extractivism in South America often focus on wider national and international politics, this contribution instead provides ethnographic explorations of indigenous politics, perspectives and worlds, revealing loss and suffering as well as creative strategies to mediate the extralocal. Seeking to avoid conceptual imperialism or the imposition of exogenous categories, the chapters are grounded in the respective authors’ long-standing field research. The authors examine the reactions (from resistance to accommodation), consequences (from anticipation to rubble) and materials (from fossil fuel to water) diversely related to extractivism in rural and urban settings. How can Amerindian strategies to preserve localised communities in extractivist contexts contribute to ways of thinking otherwise?
Indigenous Methodologies, Research and Practices for Sustainable Development (World Sustainability Series)
by Marcellus F. Mbah Walter Leal Filho Sandra AjapsThis book states that whilst academic research has long been grounded on the idea of western or scientific epistemologies, this often does not capture the uniqueness of Indigenous contexts, and particularly as it relates to the achievement of the United Nations Sustainable Development Goals (SDGs). The SDGs were announced in 2015, accompanied by 17 goals and 169 targets. These goals are the means through which Agenda 2030 for sustainable development is to be pursued and realised over the next 15 years, and the contributions of Indigenous peoples are essential to achieving these goals.Indigenous peoples can be found in practically every region of the world, living on ancestral homelands in major cities, rainforests, mountain regions, desert plains, the arctic, and small Pacific Islands. Their languages, knowledges, and values are rooted in the landscapes and natural resources within their territories.However, many Indigenous peoples are now minorities within their homelands and globally, and there is a dearth of research based on Indigenous epistemologies and methodologies. Furthermore, academic research on Indigenous peoples is typically based on western lenses. Thus, the paucity of Indigenous methodologies within mainstream research discourses present challenges for implementing practical research designs and interpretations that can address epistemological distinctiveness within Indigenous communities.There is therefore the need to articulate, as well as bring to the nexus of research aimed at fostering sustainable development, a decolonising perspective in research design and practice.This is what this book wants to achieve. The contributions critically reflect on Indigenous approaches to research design and implementation, towards achieving the sustainable development goals, as well as the associated challenges and opportunities. The contributions also advanced knowledge, theory, and practice of Indigenous methodologies for sustainable development.
Indigenous, Modern and Postcolonial Relations to Nature: Negotiating the Environment (Routledge Environmental Humanities)
by Angela RoothaanIndigenous, Modern and Postcolonial Relations to Nature contributes to the young field of intercultural philosophy by introducing the perspective of critical and postcolonial thinkers who have focused on systematic racism, power relations and the intersection of cultural identity and political struggle. Angela Roothaan discusses how initiatives to tackle environmental problems cross-nationally are often challenged by economic growth processes in postcolonial nations and further complicated by fights for land rights and self-determination of indigenous peoples. For these peoples, survival requires countering the scramble for resources and clashing with environmental organizations that aim to bring their lands under their own control. The author explores the epistemological and ontological clashes behind these problems. This volume brings more awareness of what structurally obstructs open exchange in philosophy world-wide, and shows that with respect to nature, we should first negotiate what the environment is to us humans, beyond cultural differences. It demonstrates how a globalizing philosophical discourse can fully include epistemological claims of spirit ontologies, while critically investigating the exclusive claim to knowledge of modern science and philosophy. This book will be of great interest to students and scholars of environmental philosophy, cultural anthropology, intercultural philosophy and postcolonial and critical theory.
Indigenous, Modern and Postcolonial Relations to Nature: Negotiating the Environment (Routledge Environmental Humanities)
by Angela RoothaanIndigenous, Modern and Postcolonial Relations to Nature contributes to the young field of intercultural philosophy by introducing the perspective of critical and postcolonial thinkers who have focused on systematic racism, power relations and the intersection of cultural identity and political struggle. Angela Roothaan discusses how initiatives to tackle environmental problems cross-nationally are often challenged by economic growth processes in postcolonial nations and further complicated by fights for land rights and self-determination of indigenous peoples. For these peoples, survival requires countering the scramble for resources and clashing with environmental organizations that aim to bring their lands under their own control. The author explores the epistemological and ontological clashes behind these problems. This volume brings more awareness of what structurally obstructs open exchange in philosophy world-wide, and shows that with respect to nature, we should first negotiate what the environment is to us humans, beyond cultural differences. It demonstrates how a globalizing philosophical discourse can fully include epistemological claims of spirit ontologies, while critically investigating the exclusive claim to knowledge of modern science and philosophy. This book will be of great interest to students and scholars of environmental philosophy, cultural anthropology, intercultural philosophy and postcolonial and critical theory.
Indigenous Pacific Approaches to Climate Change: Pacific Island Countries
by Jenny Bryant-TokalauThis book explores how Pacific Island communities are responding to the challenges wrought by climate change—most notably fresh water accessibility, the growing threat of disease, and crop failure. The Pacific Island nations are not alone in facing these challenges, but their responses are unique in that they arise from traditional and community-based understandings of climate and disaster. Knowledge sharing, community education, and widespread participation in decision-making have promoted social resilience to such challenges across the Pacific. In this exploration of the Pacific Island countries, Bryant-Tokalau demonstrates that by understanding the inter-relatedness of local expertise, customary resource management, traditional knowledge and practice, as well as the roles of leaders and institutions, local “knowledge-practice-belief systems” can be used to inform adaptation to disasters wherever they occur.
Indigenous Pacific Approaches to Climate Change: Aotearoa/New Zealand (Palgrave Studies in Disaster Anthropology)
by Lyn CarterSituating Māori Ecological Knowledge (MEK) within traditional environmental knowledge (TEK) frameworks, this book recognizes that indigenous ecological knowledge contributes to our understanding of how we live in our world (our world views), and in turn, the ways in which humans adapt to climate change. As an industrialized nation, Aotearoa/New Zealand (A/NZ) has responsibilities and obligations to other Pacific dwellers, including its indigenous populations. In this context, this book seeks to discuss how A/NZ can benefit from the wider Pacific strategies already in place; how to meet its global obligations to reducing GHG; and how A/NZ can utilize MEK to achieve substantial inroads into adaptation strategies and practices. In all respects, Māori tribal groups here are well-placed to be key players in adaptation strategies, policies, and practices that are referenced through Māori/Iwi traditional knowledge.
Indigenous Pacific Approaches to Climate Change: Aotearoa/New Zealand (Palgrave Studies in Disaster Anthropology)
by Lyn CarterSituating Māori Ecological Knowledge (MEK) within traditional environmental knowledge (TEK) frameworks, this book recognizes that indigenous ecological knowledge contributes to our understanding of how we live in our world (our world views), and in turn, the ways in which humans adapt to climate change. As an industrialized nation, Aotearoa/New Zealand (A/NZ) has responsibilities and obligations to other Pacific dwellers, including its indigenous populations. In this context, this book seeks to discuss how A/NZ can benefit from the wider Pacific strategies already in place; how to meet its global obligations to reducing GHG; and how A/NZ can utilize MEK to achieve substantial inroads into adaptation strategies and practices. In all respects, Māori tribal groups here are well-placed to be key players in adaptation strategies, policies, and practices that are referenced through Māori/Iwi traditional knowledge.
Indigenous Peoples and Climate Justice: A Critical Analysis of International Human Rights Law and Governance (Energy, Climate and the Environment)
by Giada GiacominiThis 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.
Indigenous Peoples as Subjects of International Law (Indigenous Peoples and the Law)
by Irene WatsonFor more than 500 years, Indigenous laws have been disregarded. Many appeals for their recognition under international law have been made, but have thus far failed – mainly because international law was itself shaped by colonialism. How, this volume asks, might international law be reconstructed, so that it is liberated from its colonial origins? With contributions from critical legal theory, international law, politics, philosophy and Indigenous history, this volume pursues a cross-disciplinary analysis of the international legal exclusion of Indigenous Peoples, and of its relationship to global injustice. Beyond the issue of Indigenous Peoples’ rights, however, this analysis is set within the broader context of sustainability; arguing that Indigenous laws, philosophy and knowledge are not only legally valid, but offer an essential approach to questions of ecological justice and the co-existence of all life on earth.
Indigenous Peoples as Subjects of International Law (Indigenous Peoples and the Law)
For more than 500 years, Indigenous laws have been disregarded. Many appeals for their recognition under international law have been made, but have thus far failed – mainly because international law was itself shaped by colonialism. How, this volume asks, might international law be reconstructed, so that it is liberated from its colonial origins? With contributions from critical legal theory, international law, politics, philosophy and Indigenous history, this volume pursues a cross-disciplinary analysis of the international legal exclusion of Indigenous Peoples, and of its relationship to global injustice. Beyond the issue of Indigenous Peoples’ rights, however, this analysis is set within the broader context of sustainability; arguing that Indigenous laws, philosophy and knowledge are not only legally valid, but offer an essential approach to questions of ecological justice and the co-existence of all life on earth.
Indigenous Peoples, Consent and Benefit Sharing: Lessons from the San-Hoodia Case
by Rachel Wynberg Doris Schroeder Roger ChennellsIndigenous Peoples, Consent and Benefit Sharing is the first in-depth account of the Hoodia bioprospecting case and use of San traditional knowledge, placing it in the global context of indigenous peoples’ rights, consent and benefit-sharing. It is unique as the first interdisciplinary analysis of consent and benefit sharing in which philosophers apply their minds to questions of justice in the Convention on Biological Diversity (CBD), lawyers interrogate the use of intellectual property rights to protect traditional knowledge, environmental scientists analyse implications for national policies, anthropologists grapple with the commodification of knowledge and, uniquely, case experts from Asia, Australia and North America bring their collective expertise and experiences to bear on the San-Hoodia case.
Indigenous Peoples’ Governance of Land and Protected Territories in the Arctic
by Thora Martina Herrmann Thibault MartinThis book addresses critical questions and analyses key issues regarding Indigenous/Aboriginal Peoples and governance of land and protected areas in the Arctic. It brings together contributions from scientists, indigenous and non-indigenous researchers, local leaders, and members of the policy community that: document Indigenous/Aboriginal approaches to governance of land and protected areas at the local, regional and international level; explore new territorial governance models that are emerging as part of the Indigenous/Aboriginal governance within Arctic States, provinces, territories and regions; analyse the recognition or lack thereof concerning indigenous rights to self-determination in the Arctic; and examine how traditional decision-making arrangements and practices can be linked with governments in the process of good governance. The book highlights essential lessons learned, success stories, and remaining issues, all of which are useful to address issues of Arctic governance of land and protected areas today, and which could also be relevant for future governance arrangements.
Indigenous Peoples, Marine Space and Resources, and International Law: The Interaction Between International Human Rights Law and the Law of the Sea (ISSN)
by Endalew Lijalem EnyewThis book addresses the rights of indigenous peoples to marine space and associated marine resources under international law.Examining the rights of indigenous peoples relating to marine space and marine resources both in international human rights law and the law of the sea, the book provides an in-depth critical analysis of the existing legal framework, whilst identifying the gaps, and possible further mechanisms, for recognizing the rights of indigenous peoples to marine space. The book addresses three main issues: 1) the extent to which international law recognizes and protects the rights of indigenous peoples in relation to marine space and marine resources; 2) if and how the law of the sea and international human rights law pertaining to the rights of indigenous peoples to marine space and marine resources interact; 3) whether and to what extent the law of the sea regime limits the capacity of coastal States to recognize and implement the rights of indigenous peoples relating to marine space and resources. In response, and in a context where indigenous marine rights are under increasing threat, the book develops an important critical theoretical and methodological approach which moves beyond the current doctrinal focus of much existing work in this area.The book will appeal to academics, researchers, and practitioners in the areas of indigenous peoples and the law, international law, the law of the sea, and human rights.
Indigenous Peoples, Marine Space and Resources, and International Law: The Interaction Between International Human Rights Law and the Law of the Sea (ISSN)
by Endalew Lijalem EnyewThis book addresses the rights of indigenous peoples to marine space and associated marine resources under international law.Examining the rights of indigenous peoples relating to marine space and marine resources both in international human rights law and the law of the sea, the book provides an in-depth critical analysis of the existing legal framework, whilst identifying the gaps, and possible further mechanisms, for recognizing the rights of indigenous peoples to marine space. The book addresses three main issues: 1) the extent to which international law recognizes and protects the rights of indigenous peoples in relation to marine space and marine resources; 2) if and how the law of the sea and international human rights law pertaining to the rights of indigenous peoples to marine space and marine resources interact; 3) whether and to what extent the law of the sea regime limits the capacity of coastal States to recognize and implement the rights of indigenous peoples relating to marine space and resources. In response, and in a context where indigenous marine rights are under increasing threat, the book develops an important critical theoretical and methodological approach which moves beyond the current doctrinal focus of much existing work in this area.The book will appeal to academics, researchers, and practitioners in the areas of indigenous peoples and the law, international law, the law of the sea, and human rights.
Indigenous Practice and Community-Led Climate Change Solutions: The Relevance of Traditional Cosmic Knowledge Systems (Routledge Advances in Climate Change Research)
by Rani Muthukrishnan Ranjan DattaThis book centers Indigenous knowledge and practice in community-led climate change solutions.This book will be one of the first academic books to use the consciousness framework to examine and explain humans' situatedness and role in maintaining ecosystems' health. Drawing on teachings from the Indigenous Adi-Shaiva community, the authors present up-to-date research on meanings and implications of South Asian traditional cosmic knowledge, which focuses on relationality and spirituality connected to climate change. This knowledge can create innovative climate change solutions in areas including land, water, traditional management, sustainability goals and expectations, and state development projects. Overall, this book provides an innovative framework for nonviolent climate solutions, which has its foundations in a traditional cosmic and consciousness-based context.This book, which aims to bridge the gap between Indigenous and Western perspectives by re-educating researchers and decolonizing popular climate change solutions, will be of great interest to students and scholars studying climate change, conservation, environmental anthropology, and Indigenous studies on a broader scale.
Indigenous Practice and Community-Led Climate Change Solutions: The Relevance of Traditional Cosmic Knowledge Systems (Routledge Advances in Climate Change Research)
by Rani Muthukrishnan Ranjan DattaThis book centers Indigenous knowledge and practice in community-led climate change solutions.This book will be one of the first academic books to use the consciousness framework to examine and explain humans' situatedness and role in maintaining ecosystems' health. Drawing on teachings from the Indigenous Adi-Shaiva community, the authors present up-to-date research on meanings and implications of South Asian traditional cosmic knowledge, which focuses on relationality and spirituality connected to climate change. This knowledge can create innovative climate change solutions in areas including land, water, traditional management, sustainability goals and expectations, and state development projects. Overall, this book provides an innovative framework for nonviolent climate solutions, which has its foundations in a traditional cosmic and consciousness-based context.This book, which aims to bridge the gap between Indigenous and Western perspectives by re-educating researchers and decolonizing popular climate change solutions, will be of great interest to students and scholars studying climate change, conservation, environmental anthropology, and Indigenous studies on a broader scale.
Indigenous Responses to Mining in Post-Conflict Colombia: Violence, Repression and Peaceful Resistance (Routledge Studies of the Extractive Industries and Sustainable Development)
by Diana Carolina Arbeláez RuizThis book examines Indigenous responses to mining and their connection to peacebuilding, focusing on the experience of the Nasa Indigenous people of North Cauca during the most recent Colombian post-agreement transition. Amid an armed conflict that has disproportionally affected and targeted the Nasa, as well as ongoing processes of dispossession and oppression, the Nasa have built a tradition of organised, peaceful resistance. This book examines the nature of their responses to mining and how this is linked to peacebuilding, with a focus on how resistance is shaped and enacted to respond to the relationship mineral extraction has with violence and peace. The work is exploratory, ethnographic and interdisciplinary in nature, sitting in the intersection between the anthropology of mining, development studies and peace and conflict studies. The author presents and analyses narratives, participant responses, and her own experiences to illustrate the context and interconnected processes shaping Nasa responses to mining during this transition period. The book will bring international readers closer to these intricate dynamics, where access is otherwise limited because of security, cultural, linguistic and other barriers. The book provides a novel perspective on post-conflict mining governance by focusing on the Nasa’s active role in responding to mining in a post-agreement, transitional context. It highlights, and encourages engagement with, the often-overlooked role of morality in debates about nature and development. This book will be of great interest to students, scholars and practitioners of the extractive industries, natural resource management, conflict management and peacebuilding, Indigenous Peoples and Latin American studies.
Indigenous Responses to Mining in Post-Conflict Colombia: Violence, Repression and Peaceful Resistance (Routledge Studies of the Extractive Industries and Sustainable Development)
by Diana Carolina Arbeláez RuizThis book examines Indigenous responses to mining and their connection to peacebuilding, focusing on the experience of the Nasa Indigenous people of North Cauca during the most recent Colombian post-agreement transition. Amid an armed conflict that has disproportionally affected and targeted the Nasa, as well as ongoing processes of dispossession and oppression, the Nasa have built a tradition of organised, peaceful resistance. This book examines the nature of their responses to mining and how this is linked to peacebuilding, with a focus on how resistance is shaped and enacted to respond to the relationship mineral extraction has with violence and peace. The work is exploratory, ethnographic and interdisciplinary in nature, sitting in the intersection between the anthropology of mining, development studies and peace and conflict studies. The author presents and analyses narratives, participant responses, and her own experiences to illustrate the context and interconnected processes shaping Nasa responses to mining during this transition period. The book will bring international readers closer to these intricate dynamics, where access is otherwise limited because of security, cultural, linguistic and other barriers. The book provides a novel perspective on post-conflict mining governance by focusing on the Nasa’s active role in responding to mining in a post-agreement, transitional context. It highlights, and encourages engagement with, the often-overlooked role of morality in debates about nature and development. This book will be of great interest to students, scholars and practitioners of the extractive industries, natural resource management, conflict management and peacebuilding, Indigenous Peoples and Latin American studies.
Indigenous Resurgence: Decolonialization and Movements for Environmental Justice
by Jaskiran DhillonFrom the Standing Rock Sioux Tribe’s resistance against the Dakota Access pipeline to the Nepalese Newar community’s protest of the Fast Track Road Project, Indigenous peoples around the world are standing up and speaking out against global capitalism to protect the land, water, and air. By reminding us of the fundamental importance of placing Indigenous politics, histories, and ontologies at the center of our social movements, Indigenous Resurgence positions environmental justice within historical, social, political, and economic contexts, exploring the troubling relationship between colonial and environmental violence and reframing climate change and environmental degradation through an anticolonial lens.
Indigenous Rights and Water Resource Management: Not Just Another Stakeholder (Indigenous Peoples and the Law)
by Katie O'BryanIn an era of climate change, the need to manage our water resources effectively for future generations has become an increasingly significant challenge. Indigenous management practices have been successfully used to manage inland water systems around the world for thousands of years, and Indigenous people have been calling for a greater role in the management of water resources. As First Peoples and as holders of important knowledge of sustainable water management practices, they regard themselves as custodians and rights holders, deserving of a meaningful role in decision-making. This book argues that a key (albeit not the only) means of ensuring appropriate participation in decision-making about water management is for such participation to be legislatively mandated. To this end, the book draws on case studies in Australia and New Zealand in order to elaborate the legislative tools necessary to ensure Indigenous participation, consultation and representation in the water management landscape.
Indigenous Rights and Water Resource Management: Not Just Another Stakeholder (Indigenous Peoples and the Law)
by Katie O'BryanIn an era of climate change, the need to manage our water resources effectively for future generations has become an increasingly significant challenge. Indigenous management practices have been successfully used to manage inland water systems around the world for thousands of years, and Indigenous people have been calling for a greater role in the management of water resources. As First Peoples and as holders of important knowledge of sustainable water management practices, they regard themselves as custodians and rights holders, deserving of a meaningful role in decision-making. This book argues that a key (albeit not the only) means of ensuring appropriate participation in decision-making about water management is for such participation to be legislatively mandated. To this end, the book draws on case studies in Australia and New Zealand in order to elaborate the legislative tools necessary to ensure Indigenous participation, consultation and representation in the water management landscape.
Indigenous Rights, Climate Change and Governance: Measuring Success and Data
by Valmaine TokiThis vital book traverses the ongoing challenges faced by Indigenous peoples in the pursuit of their fundamental right to self-determination. Set against the backdrop of issues such as climate change, governance, space and data, it explores the intersection between Indigenous rights and land, territories and resources.Indigenous peoples are particularly vulnerable to the adverse effects of climate change, and Valmaine Toki outlines its critical impact on political and economic marginalization, loss of land and resources, and human rights violations and discrimination. She advocates for the meaningful inclusion of an Indigenous worldview within climate change approaches, governing bodies and a right to space. In the fast-changing world of artificial intelligence, Toki examines how Indigenous knowledge and data can be applied to ameliorate the adverse consequences of climate change, in doing so emphasizing the importance of Indigenous data sovereignty and governance.Thought-provoking and topical, this book is invaluable for students, scholars and policymakers involved in Indigenous rights, human rights law, climate change, and environmental governance and regulation.
Indigenous Sacred Natural Sites and Spiritual Governance: The Legal Case for Juristic Personhood (Routledge Focus on Environment and Sustainability)
by John StudleySince time immemorial indigenous people have engaged in legal relationships with other-than-human-persons. These relationships are exemplified in enspirited sacred natural sites, which are owned and governed by numina spirits that can potentially place legal demands on humankind in return for protection and blessing. Although conservationists recognise the biodiverse significance of most sacred natural sites, the role of spiritual agency by other-than-human-persons is not well understood. Consequently, sacred natural sites typically lack legal status and IUCN-designated protection. More recent ecocentric and posthuman worldviews and polycentric legal frameworks have allowed courts and legislatures to grant 'rights' to nature and 'juristic personhood' and standing to biophysical entities. This book examines the indigenous literature and recent legal cases as a pretext for granting juristic personhood to enspirited sacred natural sites. The author draws on two decades of his research among Tibetans in Kham (southwest China), to provide a detailed case study. It is argued that juristic personhood is contingent upon the presence and agency of a resident numina and that recognition should be given to their role in spiritual governance over their jurisdiction. The book concludes by recommending that advocacy organisations help indigenous people with test cases to secure standing for threatened sacred natural sites (SNS) and calls upon IUCN, UNESCO (MAB and WHS), ASEAN Heritage and EuroNatura to retrospectively re-designate their properties, reserves, parks and initiatives so that SNS and spiritual governance are fully recognised and embraced. It will be of great interest to advanced students and researchers in environmental law, nature conservation, religion and anthropology.