Law Commons^™

Implementing The United Nations Declaration On The Rights Of Indigenous Peoples In The United States: A Call To Action For Inspired Advocacy In Indian Country., Kristen Carpenter, Edyael Casaperalta, Danielle Lazore-Thompson

University of Colorado Law Review Forum

No abstract provided.

(Indigenous) Language As A Human Right, Kristen Carpenter, Alexey Tsykarev

Publications

The United Nations General Assembly has proclaimed 2022-2032 as the International Decade of Indigenous Languages. Building on lessons of the International Year of Indigenous Languages of 2019, the Decade will "draw attention to the critical loss of indigenous languages and the urgent need to preserve, revitalize and promote indigenous languages." These actions are necessary, in part, because existing laws and policies have proven inadequate to redress the legacy of state suppression of indigenous languages or ensure nondiscrimination in contemporary usage. In light of the International Year and Decade, this Article explores the rights of indigenous peoples to "use, revitalize, and …

Communicative Justice And Reconciliation In Canada, Alice Neeson

New England Journal of Public Policy

Communicative justice co-exists with other dimensions of justice and emphasizes the importance of fair communicative practices, particularly after periods of direct or structural violence. While intercultural dialogue is often assumed to be a positive, or even necessary, part of reconciliation processes, there are questions to be asked about the ethicality of dialogue when one voice has been silenced, misrepresented, and ignored for decades. This article draws on twelve months of ethnographic research with reconciliation activists and organizations in Canada and considers the potential for communicative flows to help compensate for structural inequalities during processes of reconciliation.

Language, Indigenous Peoples, And The Right To Self-Determination, Noelle Higgins, Gerard Maguire

New England Journal of Public Policy

Language has always played a significant role in the colonization of peoples as an instrument of subjugation and homogenization. It has been used to control nondominant groups, including Indigenous peoples, often leading to their exclusion or assimilation. Many Indigenous groups, however, use language as a tool to connect the members of their community, to assert their group identity, and to preserve their culture. Thus, language has been used both as a means of oppression and as a mobilizer of Indigenous groups in their struggles for national recognition. Recognizing the significance of language in the identity and culture of Indigenous peoples, …

Indigenous Peoples, Intangible Cultural Heritage And Participation In The United Nations, Ana Filipa Vrdoljak

Ana Filipa Vrdoljak

This chapter concentrates on the participation of indigenous peoples in multilateral initiatives to protect cultural heritage, with specific reference to intangible heritage. While an international instrument for the protection of intangible heritage was adopted over a decade ago, the importance of intangible heritage for indigenous peoples is evident in their work in various UN fora. I examine indigenous peoples’ interventions before UNESCO and bodies established to implement the Convention on the Safeguarding of Intangible Cultural Heritage; within WIPO in respect of ongoing moves to adopt specialist instruments on traditional knowledge and cultural expressions; and finally, within UNEP and the implementation …

Commentary On The Ongoing Indigenous Political Enterprise: What's Law Got To Do With It?, Monica Hakimi

Other Publications

Professor Hakimi reviews Dalee Sambo Dorough's article, The Ongoing Indigenous Political Enterprise: What's Law Got to Do with It?, highlighting three tensions she defines within the article and the strengths and weaknesses of Dorough's examination of these three tensions.

Ocean Iron Fertilization And Indigenous Peoples' Right To Food: Leveraging International And Domestic Law Protections To Enhance Access To Salmon In The Pacific Northwest, Randall S. Abate

Journal Publications

Ocean iron fertilization (OIF) is a new and controversial climate change mitigation strategy that seeks to increase the carbon-absorbing capacity of ocean waters by depositing significant quantities of iron dust into the marine environment to stimulate the growth of phytoplankton blooms. The photosynthetic processes of these blooms absorb carbon from the atmosphere and sequester it to the ocean floor. OIF has been criticized on several grounds. including the foreseeable and unforeseeable adverse consequences it may cause to the marine environment, as well as the daunting challenge of reconciling several potentially overlapping sources of international and domestic environmental law, which may …

International Environmental Law And The Global South, Carmen G. Gonzalez

Carmen G. Gonzalez

The unprecedented degradation of the planet’s vital ecosystems is among the most pressing issues confronting the international community. Despite the proliferation of legal instruments to combat environmental problems, conflicts between rich and poor nations (the North-South divide) have compromised the effectiveness of international environmental law, leading to deadlocks in environmental treaty negotiations and non-compliance with existing agreements. Through contributions from scholars based in five continents, International Environmental Law and the Global South examines both the historical origins of the North-South divide in European colonialism as well as its contemporary manifestations in a range of issues, including food justice, energy justice, …

Canada Confronts ‘Cultural Genocide’ Against Aboriginal People, Lauren Carasik

Media Presence

No abstract provided.

Green Energy In Indian Country As A Double-Edged Sword For Native Americans: Drawing On The Inter-American And Colombian Legal Systems To Redefine The Right To Consultation, Diana Coronel David

Student Works

Energy is a key component in the redress of climate change evils and the United States has one of the highest per capita energy consumption in the world. The federal government’s goal is to reduce the country’s dependence on oil and double its wind and solar electricity generation by 2025. The development of renewable energy projects is to a great extent tied to Indian Country. This is highly important for Indian tribes as an empowering mechanism. Such projects could represent new sources of income for tribes whose traditional subsistence-based lifestyles have been impacted by climate change. Renewable energy projects in …

Report Of The Special Rapporteur On The Rights Of Indigenous Peoples On The Situation Of Indigenous Peoples In The Republic Of The Congo, S. James Anaya

Publications

No abstract provided.

Report Of The Special Rapporteur On The Rights Of Indigenous Peoples On The Situation Of Indigenous Peoples In Canada, S. James Anaya

Publications

No abstract provided.

Report Of The Special Rapporteur On The Rights Of Indigenous Peoples On Extractive Industries And Indigenous Peoples, S. James Anaya

Publications

No abstract provided.

Report Of The Special Rapporteur On The Rights Of Indigenous Peoples On The Situation Of Indigenous Peoples In The United States Of America, S. James Anaya

Publications

No abstract provided.

Introduction, S. James Anaya

Publications

No abstract provided.

Report Of The Special Rapporteur On The Rights Of Indigenous Peoples On The Situation Of Maori People In New Zealand, S. James Anaya

Publications

No abstract provided.

Introductory Remarks, James Anaya

Publications

These remarks were delivered at a Corporate Responsibility and Human Rights panel held on Wednesday, April 9, 2014.

Indigenous Peoples And The Jurisgenerative Moment In Human Rights, Kristen A. Carpenter, Angela R. Riley

Publications

As indigenous peoples have become actively engaged in the human rights movement around the world, the sphere of international law, once deployed as a tool of imperial power and conquest, has begun to change shape. Increasingly, international human rights law serves as a basis for indigenous peoples' claims against states and even influences indigenous groups' internal processes of decolonization and revitalization. Empowered by a growing body of human rights instruments, some as embryonic as the 2007 United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), indigenous peoples are embracing a global "human rights culture" to articulate rights ranging from …

Agenda: Free, Prior And Informed Consent: Pathways For A New Millennium, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, University Of Colorado Boulder. School Of Law. American Indian Law Program

Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)

Presented by the University of Colorado's American Indian Law Program and the Getches-Wilkinson Center for Natural Resources, Energy & the Environment.

The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), along with treaties, instruments, and decisions of international law, recognizes that indigenous peoples have the right to give "free, prior, and informed consent" to legislation and development affecting their lands, natural resources, and other interests, and to receive remedies for losses of property taken without such consent. With approximately 150 nations, including the United States, endorsing the UNDRIP, this requirement gives rise to emerging standards, obligations, and opportunities …

Indigenous Peoples’ Right Of Free Prior Informed Consent With Respect To Indigenous Lands, Territories And Resources (June 28, 2010), Indian Law Resource Center

Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)

3 pages.

"June 28, 2010"

Indigenous Peoples’ Right Of Free Prior Informed Consent With Respect To Indigenous Lands, Territories And Resources (United Nations Workshop, 17-19 January 2005), Indian Law Resource Center

Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)

3 pages.

U.N. Doc PFII/2004/WS.2/6

Principles Of International Law For Multilateral Development Banks: The Obligation To Respect Human Rights, Robert T. Coulter, Leonardo A. Crippa, Emily Wann

Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)

41 pages.

"January, 2009"

www.indianlaw.org

A Proposal For Addressing Violations Of Indigenous Peoples' Environmental And Human-Rights In The Inter-American Human Rights System, Natalia Gove

Student Works

International concerns in the areas of human rights, health, and environment have expanded considerably in the past several decades. International environmental law primarily focuses on environmental damage, rather than its impact on human beings. The focus of environmental treaties is primarily on constraining environmentally deleterious behavior, rather than preventing injuries to people. Part I of this paper will discuss the significance of environmental protection for indigenous peoples. Part II will analyze the linkage between environmental and human rights, as well as the lack of a direct enforcement mechanism for redressing violations of environmental rights. It will also describe the existing …

Commonality Among Unique Indigenous Communities: An Introduction To Climate Change And Its Impacts On Indigenous Peoples, Randall S. Abate

Journal Publications

This special Issue of the Tulane Environmental Law Journal explores how climate change affects the rights of indigenous peoples. Climate change is a global environmental problem caused by greenhouse gas emissions. Indigenous peoples generally contribute very limited quantities of greenhouse gases to the global atmosphere. Although the causes of climate change are global, the adverse impacts of this problem are disproportionately burdening indigenous peoples.

In recognition of the growing global problem of climate change, legal strategies to address climate change through mitigation and adaptation have been undertaken. This Issue recognizes that indigenous peoples are particularly vulnerable to climate change, both …

Corporate Responsibility And Climate Justice: A Proposal For A Polluter-Financed Relocation Fund For Federally Recognized Tribes Imperiled By Climate Change, Randall S. Abate

Journal Publications

Climate change threatens to displace as many as 200 million people internally and across national borders by the middle of the twenty-first century. Indigenous peoples are among the most vulnerable to these changes. With the loss of their village rapidly approaching, the residents of the Native Village of Kivalina are captives in their homeland bracing for disaster because they do not have the millions of dollars needed to relocate and there is no government fund or process in place to provide them with adequate assistance.

Part I of this article describes the factual context of the Kivalina litigation and how …

Tribal Rights, Human Rights, Kristen A. Carpenter, Angela R. Riley

Publications

No abstract provided.

Minnesota Bounties On Dakota Men During The U.S.-Dakota War, Colette Routel

Faculty Scholarship

The U.S.-Dakota War was one of the formative events in Minnesota history, and despite the passage of time, it still stirs up powerful emotions among descendants of the Dakota and white settlers who experienced this tragedy. Hundreds of people lost their lives in just over a month of fighting in 1862. By the time the year was over, thirty-eight Dakota men had been hanged in the largest mass execution in United States history. Not long afterwards, the United States abrogated its treaties with the Dakota, confiscated their reservations along the Minnesota River, and forced most of the Dakota to remove …

The Human Rights Of Indigenous Peoples: United Nations Developments, S. James Anaya

Publications

No abstract provided.

Foreign Investment And Indigenous Peoples: Options For Promoting Equilibrium Between Economic Development And Indigenous Rights, George K. Foster

Michigan Journal of International Law

The quotations above refer to distinct conflicts that are widely separated by time and geography but remarkably similar in other respects. The first describes events leading to the Black Hills War of 1876, in which the U.S. Army forced the Lakota Sioux and Northern Cheyenne onto reservations to make way for gold mining by non-Indians. The second describes a violent episode in a conflict between native groups and the Peruvian government, which began in 2009 when the government took steps to expand mining and oil operations by multinational enterprises (MNEs) in the Peruvian Amazon. In both cases, outside commercial interests …

Arctic Justice: Addressing Persistent Organic Pollutants, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

This article recommends enhanced governance of persistent organic pollutants through incentives to develop environmentally sound, climate friendly technologies as well as caution in developing the Arctic. It highlights the toxicity challenges presented by POPs to Arctic people and ecosystems.