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Indigenous Environmental Rights And Sustainable Development: Lessons From Totonicapán In Guatemala, Patricia Galvao-Ferreira, Mario Mancilla Mar 2021

Indigenous Environmental Rights And Sustainable Development: Lessons From Totonicapán In Guatemala, Patricia Galvao-Ferreira, Mario Mancilla

Law Publications

The chapter argues that in order to contribute to a more comprehensive theoretical understanding of the many nuances of the social dimension of sustainable development, IEL scholars should engage more systematically with emerging national and international research on Indigenous alternative perspectives on environmental governance. The approach highlighted here is distinct from existing discussions related to environmental justice and Indigenous peoples, which highlights the disproportionate environmental impacts Indigenous peoples suffer as a racialized social group, because of their close cultural and existential interaction with the environment. The aim is to move from treating Indigenous peoples as victims of environmental racism, to …


Climate Change Class Actions In Canada, Jasminka Kalajdzic Jan 2021

Climate Change Class Actions In Canada, Jasminka Kalajdzic

Law Publications

Climate justice activists are increasingly looking to litigation to produce the policy changes that have eluded them in the political process. Without a codified right to a clean environment, litigants in jurisdictions like Canada must use a human rights framework to advance their cause. Recent successes in Charter class actions suggest that it is now possible to pursue constitutional damages for climate change harms. As Canadian advocates join with their international counterparts in deploying a litigation strategy, Canada's robust class action procedure may be a useful addition in the pursuit of collective climate justice. This article proceeds in four parts. …