Indigenous Nations & Peoples Law eJournal最新文献

Embracing the Data Revolution for Development: A Data Justice Framework for Farm Data in the Context of African Indigenous Farmers 拥抱数据革命促进发展:非洲土著农民背景下农业数据的数据正义框架

Indigenous Nations & Peoples Law eJournal Pub Date : 2020-12-01 DOI: 10.31273/LGD.2019.2502

T. Dagne

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引用次数: 6

Eviscerating Historic Treaties: Judicial Reasoning, Settler Colonialism, and ‘Legal’ Exercises of Exclusion 摘取历史条约:司法推理、定居者殖民主义和排他的“法律”实践

Indigenous Nations & Peoples Law eJournal Pub Date : 2018-11-08 DOI: 10.1111/jols.12131

M. Mccrossan

引用次数: 2

Competing or Complementary Strategies? Protecting Indigenous Rights and Paying to Conserve Forests 竞争策略还是互补策略?保护土著居民权利和支付保护森林费用

Indigenous Nations & Peoples Law eJournal Pub Date : 2018-07-19 DOI: 10.2139/ssrn.3310462

W. Savedoff

{"title":"Competing or Complementary Strategies? Protecting Indigenous Rights and Paying to Conserve Forests","authors":"W. Savedoff","doi":"10.2139/ssrn.3310462","DOIUrl":"https://doi.org/10.2139/ssrn.3310462","url":null,"abstract":"In 2007, the UN General Assembly adopted the Declaration on the Rights of Indigenous Peoples and the United Nations Framework Convention on Climate Change (UNFCCC) endorsed the Bali Action Plan to pay for reductions in tropical deforestation. While many saw these initiatives as complementary, others considered the Bali Action Plan a threat to indigenous peoples’ rights. This paper reviews the history of efforts to protect indigenous rights and to pay for conserving forests and analyzes how they might be competing or complementary strategies. It then presents country experiences that show indigenous peoples have achieved tangible political benefits in many countries and internationally by using their leverage over and participation in Reducing Emissions from Deforestation and Degradation Plus (REDD+) negotiations. Nevertheless, these experiences also show that insisting on preconditions for REDD+ national performance payments may have inadvertently harmed indigenous peoples by contributing to delays in implementation. Today, the movements for indigenous rights and for slowing deforestation are inextricably entwined. Whereas critics fear implementation of REDD+ will harm indigenous peoples, it is the failure of REDD+ programs to influence national action to slow deforestation which represents the greater risk. In this way, the two movements face a common challenge to refocus attention on the national policies and actions that must change to protect both indigenous rights and tropical forests.","PeriodicalId":280811,"journal":{"name":"Indigenous Nations & Peoples Law eJournal","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-07-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125653914","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 21

Financial Markets and Societal Constitutionalism 金融市场与社会宪政

Indigenous Nations & Peoples Law eJournal Pub Date : 2018-07-01 DOI: 10.1111/jols.12110

C. Pinelli

引用次数: 1

The Ovaherero and Nama Peoples v. Germany - Declaration of Matthias Goldmann before the SDNY Court 奥瓦赫雷罗和纳马人民诉德国-马蒂亚斯·戈德曼在纽约法院的声明

Indigenous Nations & Peoples Law eJournal Pub Date : 2018-04-25 DOI: 10.2139/SSRN.3169852

Matthias Goldmann

引用次数: 2

Are Investor and Indigenous Protections Competing or Coordinating?: The Framing of Rights of Chevron, Ecuador and the Lago Agrio People 投资者和土著保护是竞争还是协调?:雪佛龙，厄瓜多尔和拉戈阿格里奥人民的权利框架

Indigenous Nations & Peoples Law eJournal Pub Date : 2017-03-31 DOI: 10.2139/SSRN.2944498

K. Dickson-Smith

引用次数: 0

Township Leases and Economic Development in Northern Territory Aboriginal Communities 北领地土著社区的乡镇租赁和经济发展

Indigenous Nations & Peoples Law eJournal Pub Date : 2017-01-01 DOI: 10.2139/SSRN.2993903

L. Terrill

引用次数: 2

Trade Measures to Address Climate Change: Territory and Extraterritoriality 应对气候变化的贸易措施:领土和治外法权

Indigenous Nations & Peoples Law eJournal Pub Date : 2016-11-30 DOI: 10.4337/9781783478446.00026

Margaret A. Young

{"title":"Trade Measures to Address Climate Change: Territory and Extraterritoriality","authors":"Margaret A. Young","doi":"10.4337/9781783478446.00026","DOIUrl":"https://doi.org/10.4337/9781783478446.00026","url":null,"abstract":"States can reduce global greenhouse gas emissions through trade measures such as energy subsidies, labelling or certification requirements or tax adjustments. These measures modify production or consumption behaviour without regard to territorial borders. Yet territory is a significant concept for international efforts at climate change mitigation: the UNFCCC Paris Agreement, for example, relies on nationally determined contributions in the context of common but differentiated responsibilities. Moreover, public international law doctrine on extraterritorial jurisdiction may be said to require a ‘territorial nexus’ between the object of the trade measure and the state imposing the measure. Should the state concentrate on activities within its borders rather than shifting the burden of climate change mitigation to other countries through trade measures? The issue of historical responsibilities for climate change becomes even more fraught if the adverse effects of trade measures are felt disproportionately by indigenous peoples and other marginalised communities within states. This chapter reviews trade law and other jurisprudence and argues that trade measures addressing climate change are unlikely to enliven — let alone violate — public international law rules on extraterritorial jurisdiction. In the alternative, it argues that if a nexus is required, it is relatively easy to satisfy. Neither of these findings, however, dispose of the issue of the lack of parity between and within states with respect to historic contributions to the cause of climate change and vulnerabilities to its impacts. This chapter thus demonstrates the importance of an understanding of how territory — and jurisdiction — operate in the context of trade measures to address climate change, and how this understanding points to a need to be aware of the status and conditions of people within the territory of affected trading partners.","PeriodicalId":280811,"journal":{"name":"Indigenous Nations & Peoples Law eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121248461","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Legitimising the State: Constitutional Reform to Recognise Rangatiratanga and Tikanga Maori 使国家合法化:承认Rangatiratanga和Tikanga毛利人的宪法改革

Indigenous Nations & Peoples Law eJournal Pub Date : 2016-11-03 DOI: 10.2139/SSRN.2864101

C. Charters

引用次数: 0

A Family Home, Five Sisters and the Rule of Ultimogeniture: Comparing Notes on Judicial Approaches to Customary Law in South Africa and Botswana 一家之家、五姐妹与终极继承权:南非与博茨瓦纳习惯法司法路径比较

Indigenous Nations & Peoples Law eJournal Pub Date : 2016-07-18 DOI: 10.17159/1996-2096/2016/V16N1A7

Christa Rautenbach

{"title":"A Family Home, Five Sisters and the Rule of Ultimogeniture: Comparing Notes on Judicial Approaches to Customary Law in South Africa and Botswana","authors":"Christa Rautenbach","doi":"10.17159/1996-2096/2016/V16N1A7","DOIUrl":"https://doi.org/10.17159/1996-2096/2016/V16N1A7","url":null,"abstract":"Given the striking commonalities between the legal systems of South Africa and Botswana, both in terms of its common and customary law, and considering the propensity of the Botswana courts to engage with South African case law, a recent case of Botswana is of particular interest. In September 2013 in the Ramantele case, the Botswana Court of Appeal ruled on a customary law dispute that had been drawn out for more than seven years. The litigation history reads like a jurisprudential chronicle and demonstrates how traditional justice operates on various levels in a pluralistic justice system, and is a perfect example of legal pluralism in action. The case is interesting for a variety of reasons. First, it considers important principles regarding the meaning, status and ascertainment of customary law. Second, it discusses the influence of the Constitution on customary law and, third, it deals with the very important question as to the application of the Botswana Constitution on customary law. Lastly, it reflects on the role of the judiciary in solving customary disputes which, according to Lesetedi JA, is limited to the interpretation of 'the law to be applied in the dispute' and not to 'traverse issues that do not directly arise ... however important they may be'. In light of the fact that the Botswana legal system follows the principle of stare decisis and the fact that courts engage with the judgments of other jurisdictions, this case has the potential to influence the outcome of future cases of a similar nature. Against this background, this contribution investigates the contrasting approaches to constitutional adjudication in the context of customary law in the Botswana High Court and Court of Appeal, especially with reference to the approach followed by the South African Constitutional Court in the BHE case.","PeriodicalId":280811,"journal":{"name":"Indigenous Nations & Peoples Law eJournal","volume":"70 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-07-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132559590","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1