Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- International law (6)
- Indigenous peoples (5)
- Awas Tingni (2)
- Energy (2)
- Energy & Environmental Security Initiative (2)
-
- Human rights (2)
- International human rights (2)
- Natural resources (2)
- UNDRIP (2)
- University of Colorado (2)
- American Indian law (1)
- Annual report (1)
- Assimilation (1)
- Biotechnology in agriculture (1)
- Book review (1)
- Charter liberalism (1)
- Colonization (1)
- Conservation (1)
- Critical legal theory (1)
- Customary law (1)
- Developed countries (1)
- Duty to consult (1)
- ECT (1)
- EESI (1)
- Energy agreements (1)
- Energy and Environmental Security Initiative (1)
- Energy law (1)
- Environmental challenge (1)
- Environmental impact assessments (EIAs) (1)
- Environmental law (1)
Articles 1 - 11 of 11
Full-Text Articles in Law
Indigenous Peoples' Rights To Water Under International Norms, David H. Getches
Indigenous Peoples' Rights To Water Under International Norms, David H. Getches
Publications
In this article, Dean Getches examines the nature of international law as it relates to indigenous water rights and evaluates the kinds of claims that native peoples might assert when they are deprived of access to water. Around the world, indigenous peoples have experienced depletion or pollution of their traditional water sources caused by the uses made by dominant, non-native societies. As a result, native peoples' ability to perform water-dependent vocations like farming and fishing, and to perpetuate cultures and spiritual practices requiring water is limited. While a few countries recognize water rights of indigenous peoples in their domestic laws, …
Divergent Discourses About International Law, Indigenous Peoples, And Rights Over Lands And Natural Resources: Toward A Realist Trend, S. James Anaya
Divergent Discourses About International Law, Indigenous Peoples, And Rights Over Lands And Natural Resources: Toward A Realist Trend, S. James Anaya
Publications
In this article renowned scholar S. James Anaya analyzes the divergent assessments of international law's treatment of indigenous peoples' demands to lands and natural resources. The author explores several strains of arguments that have been advanced within this debate, including state-centered arguments and human rights-based arguments. The author also examines the shortcomings of recurring interpretive approaches to international law that consider indigenous peoples' rights to land and resources. From this analysis the author identifies a more promising approach within the human rights framework--which he describes as a realist approach--that focuses on the confluence of values, power, and change. The author …
A Property Rights Approach To Sacred Sites Cases: Asserting A Place For Indians As Nonowners, Kristen A. Carpenter
A Property Rights Approach To Sacred Sites Cases: Asserting A Place For Indians As Nonowners, Kristen A. Carpenter
Publications
Although the Free Exercise Clause prohibits governmental interference with religion, American Indians have been unsuccessful in challenging government actions that harm tribal sacred sites located on federal public lands. The First Amendment dimensions of these cases have been well studied by scholars, but this Article contends that it is also important to analyze them through a property law lens. Indeed, the Supreme Court has treated the federal government's ownership of public lands as a basis for denying Indian religious freedoms claims. This Article contends that such holdings rely on an "ownership model" of property law wherein the rights of the …
A New Framework: Post-Kyoto Energy And Environmental Security, Lakshman D. Guruswamy
A New Framework: Post-Kyoto Energy And Environmental Security, Lakshman D. Guruswamy
Publications
In this article Professor Guruswamy advances an argument for new energy agreements that address the immense global environmental challenge presented by the increasing global energy demands of both the developed and developing world. Arguing that new energy accords are needed to meet this challenge, he identifies and describes the decidedly interdisciplinary knowledge base and analytics required to negotiate such international instruments. The construction of these knowledge bases call for scientific, engineering, technological, legal, social, economic and behavioral expertise. Professor Guruswamy identifies pragmatic steps--including a targeted research agenda--that will contribute to such an undertaking and begin the arduous process of addressing …
International Environmental Law: 2005 Annual Report, Vail T. Thorne, Lakshman Guruswamy, Kevin L. Doran
International Environmental Law: 2005 Annual Report, Vail T. Thorne, Lakshman Guruswamy, Kevin L. Doran
Publications
No abstract provided.
National Identity And Liberalism In International Law: Three Models, Justin Desautels-Stein
National Identity And Liberalism In International Law: Three Models, Justin Desautels-Stein
Publications
No abstract provided.
Indigenous Peoples’ Participatory Rights In Relation To Decisions About Natural Resource Extraction: The More Fundamental Issue Of What Rights Indigenous Peoples Have In Lands And Resources, James Anaya
Publications
No abstract provided.
Book Review, Lakshman D. Guruswamy
Sustainable Energy: A Preliminary Framework, Lakshman Guruswamy
Sustainable Energy: A Preliminary Framework, Lakshman Guruswamy
Publications
No abstract provided.
Energy, Environment & Sustainable Development, Lakshman D. Guruswamy
Energy, Environment & Sustainable Development, Lakshman D. Guruswamy
Publications
No abstract provided.
Book Review, S. James Anaya