Table of contents for Environmental justice and the rights of indigenous peoples

Table of contents for Environmental justice and the rights of indigenous peoples : international and domestic legal perspectives / Laura Westra.

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ENVIRONMENTAL JUSTICE AND THE RIGHTS OF INDIGENOUS PEOPLES: INTERNATIONAL AND DOMESTIC LEGAL PERSPECTIVES
Preamble
PART ONE ¿ BASIC ISSUES, PRINCIPLES AND HISTORICAL BACKGROUND
Chapter 1 - The Rights of Indigenous Peoples: Ecofootprint Crime and the ¿Biological/Ecological Integrity Model¿ to Achieve Environmental Justice
1.
Indigenous Peoples and International Law.
2.
The Background of Indigenous peoples Rights in International Law.
3.
Protection of Indigenous Peoples through International Mechanisms.
4.
The ¿Third Model¿ and FN¿s Environmental Rights Issues.
5.
The Application of the Other Two Models to Aboriginal Communities¿ Environmental Rights.
5.a
The Cultural Integrity Model.
6.
The Self-Determination Model.
6.a
The Early Background of Self-Determination.
6.b
From Developing Countries¿ Approach to Self-Determination to the Impact of Neo-Colonialism.
6.c
De-colonization, Self-Determination, Natural Resources and Indigenous Peoples.
6.d
Further Critiques of the ¿Self-Determination Model¿
7.
Indigenous Peoples and Ecofootprint Crime.
7.a
The Many Faces of Ecofootprint Crime.
7.b
Indigenous Peoples and ¿Local Peoples¿ as Land-Based Minorities.
Chapter 2 - Cultural Integrity and Ecological Integrity: The Interface and International Law
1.
Introduction.
2.
Territorial Rights and State Sovereignty: Terra Nullius or Uti Possidetis.
3.
Territory and Territorial Integrity.
3.a
Nuclear Weapons and the Opinion of the World Court.
3.b
Ecological Rights and Human Rights.
3.c
The Role of Ecological Integrity in Protected Areas
3.d
An Aside on Ecological/Biological Integrity
4.
The Ecological and Traditional Connection Between Indigenous Peoples and Biodiversity
4.a
Ecocrimes and International Law: Applications to Indigenous Rights?
4.b
The Question of Collective Indigenous Rights.
5.
Colonization, Neoliberalism and the Rights of the U¿wa people.
5.a
International Law and Activism Support the U¿wa
Chapter 3 - Cosmopolitanism and Natural Law for the Recovery of Individual and Community Rights
1.
Introduction: The Meaning of ¿Minorities¿.
2.
From Individual Minority Rights to Community Rights.
3.
Natural Law and Individual and Community Rights: the ¿Wrong Turn¿ After Grotius.
3.a
Thomas Aquinas, Nature and Natural Law.
3.b
The Origin of Indigenous Rights in International Law and the Role of Natural Law.
4.
From Natural law to Erga Omnes Obligations for the Defence of Indigenous Peoples.
5.
Cosmopolitanism against Globalizing ¿Collateralism¿ and the Recovery of Indigenous Rights
6.
From Common Morality to International Law in Defense of Indigenous Peoples.
PART TWO ¿ SELECTED EXAMPLES FROM DOMESTIC AND INTERNATIONAL CASELAW
Chapter 4 - Indigenous Peoples and Minorities in International Jurisprudence and the Responsibility of the World Bank
1.
The Case of the Awas Tingni v. Nicaragua.
2.
Beyond Corporate Activities: Individual Choice v. Cultural Integrity.
3.
Entitlement and Historical Occupation.
3.a
Western Sahara Advisory Opinion (Western Sahara, Advisory Opinion, 16 October, 1975).
3.b
Mabo v. Queensland: ¿Native Title and the Australian High Court.
3.c
Aboriginal Land Rights in Australia
3.d
Ongoing Environmental Issues in Oceania.
4.
Precedents in Law: The Trail Smelter Arbitration on Environmental Harms.
5.
The Role of Economics in Indigenous Peoples Issues.
5.a
The World Bank and Indigenous Peoples and the Problem of Consent.
5.b
Internal Issue within the World Bank: Consent or Consultation? The Meaning of ¿Free¿, ¿Prior¿ and ¿Informed¿.
5.c
An Aside on Corporate/Institutional Decision-Making.
6.
The World Bank¿s Inspection Panels
6.a
Cambodia: Forest Concession Management and Control Pilot Project
6.b
Indigenous Pygmy Organizations and Pygmy Support Organization in the Democratic Republic of Congo ¿ Another ¿Request¿ and Conclusions
7.
Conclusions.
Chapter 5 - United States and Indigenous Peoples: Some Recent ATCA Jurisprudence
1.
The United States and Indigenous Peoples: An Introduction.
2.
Some recent Cases Tried Under ATCA in Various U.S. Jurisdictions.
2.a
The Law and Corporate Responsibility: Doe v. Unocal Corp.
2.b
Extractive Industries and ATCA Cases: Environmental and Health Harms.
2.c
Forced Relocation, War Crimes and Genocide: Bancoult v. McNamara, 370 Supp. 2dl.U.S. Dist., LEXIS 27882 (Dec.21, 2004 decided).
2.d
Beanal v. Freeport-McMoran, Inc. and Freeport-McMoran Copper and Gold, Inc., 969 F. Supp 362; 1997 U.S. Dist LEXIS 4767 (April 1997 decided) Torture and Cultural Genocide.
3.
The Presbyterian Church of Sudan, Rev. John Gaduel, Nuer Community, Development Services and others v. Talisman Energy, Inc. (1): Extrajudicial Killings, War Crimes and Genocide.
4.
The Question of Corporate Responsibility.
4.a
Corporate Accountability and the Problem of Intent.
5.
From Mens Rea in Domestic Crimes to Corporate Accountability in International Law.
5.a
Human Rights Violations: Torts and Crimes.
Chapter 6 - First Nations of Canada and the Legal and Illegal Attacks on their Existence
1.
First Nations of Canada and Some Legal Policies of Elimination.
2.
Sui -Generis Land Based Rights.
2.a
Historical and Traditional Background to Present First Nations Issues.
2.b
The Significance of Sparrow v. The Queen.
3.
Collective Rights and Aboriginal Land Management: Respect For and Obligations to Nature.
3.a
First nations Environmental Ethics and their Collective Rights.
3.b
First Nations and the Land: Our Forgotten Bond.
4.
The Problem of "Frozen Rights" and Borrows' Critique of Aboriginal Rights Test.
4.a
The Crown¿s Obligations: Local Issues or Fundamental Principles?
5.
Environmental Racism: A Brief Introduction.
5.a
The Grassy Narrows and White Dog Reserves of Northern Ontario.
6.
Environmental Racism and State Terrorism at Oka: A Case Study.
6.a
The Mohawks at Kahnawabe and Kanesatake, and the Confrontation at Oka, Quebec, Summer 1990.
6.b
Environmental Racism, Environmental Justice and Terrorism, The Canadian Difference.
6.c
Conclusion-National Identity, Environmental Racism and State Terrorism.
PART THREE ¿ JUSTIFYING GENOCIDE: PRINCIPLES AND REALITY
Chapter 7 - Genocide and Ecocrime: The Interface
1.
Introduction.
2.
Indigenous Peoples and the Crime of Genocide.
2.a
Genocide: The Question of Intent.
2.b
Premeditation and Intent in Corporate Genocide.
3.
Conspiracy, Complicity and ¿Other Acts¿ of Genocide.
3.a
Holding Multinational Corporations Responsible Under International Law: Some Public Health Considerations.
4.
Genocide: The Actus Reus and Cultural Genocide.
4.a
Genocide: the Actus Reus and Ethnic Cleansing.
4.b
Genocide: Causing Serious Bodily or Mental Harm.
4.c
Genocide: Deliberately Inflicting Conditions of Life Calculated To Destroy the Group.
5.
Genocide and Jus Cogens Norms as Applied to Ecocrime.
5.a
Jus Cogens Norms and Erga Omnes Obligations in Ecocrimes Against Indigenous Peoples.
5.b
Genocide, Crime Against Humanity and the Rome Statute of the International Criminal Court.
6.
Genocide and Crimes Against Humanity.
Chapter 8 - Aboriginal Rights in Domestic and International Law and the Special Case of Arctic Peoples
1.
From Domestic Law to International Law: The Case of the Lubicon Cree.
2.
Industrial and Extractive Operations: The Unrestrained Threat of Chemical Exposures.
2.a
Neurotoxic effects of Chemical Exposures: a Lifetime Sentence.
2.b
More Non-Specific Evidence and the Intent to Suppress Relevant Health-Related Information: The Results.
3.
Is Self-Governance Alone the Answer? The Case of the Arctic People of Nunavut.
3.a
Global Warming and Vulnerability in the Canadian Arctic.
3.b
Self-Governance in Defence of Nunavut¿s People?
3.c
Systemic Problems and Self-Governance.
3.d
Collective Rights and Self-Governance.
4.
The Trail Smelter Arbitration and Climate Change.
5.
Indigenous Peoples of the Arctic and the Requirements of the Convention on Biological Diversity: the Interface.
6.
The Arctic Peoples Fight Back: The Petition to the American Commission on Human Rights.
6.a
The Petition and the Right to Health.
6.b
A Parallel and a Goal: The Framework Convention on Tobacco Control (FCTC).
PART FOUR ¿ SOME MODEST PROPOSALS FOR GLOBAL GOVERNANCE
Chapter 9 - The ¿Second Conquest¿ and the Economics of Collateralism: The Human Rights Obligations of State and Nonstate Actors
1.
Introduction-Transnational Corporations and the Law.
2.
International Obligations Erga Omnes as Applied to Indigenous Peoples Rights.
2.a
The Erga Omnes Obligation to Protect Against Racial Discrimination.
2.b
Can the Four Proposed Candidates of Obligations Erga Omnes Be Extended?
2.c
Further Considerations on International Obligations of States.
3.
The Obligations of Non-State Actors: Some General Remarks.
3.a
First Considerations: Negligence and Conspiracy.
4.
Indigenous Peoples in Nature and Corporate Responsibility.
4.a
The ¿Third Model¿ for the Protection of Biological and Ecological Integrity and Ecofootprint Appropriations.
4.b
Indigenous ¿people¿ Challenges to Global Domination of Western States as Fundamental Challenges to the Logic of Capitalism.
Chapter 10 - Governance for Global Integrity: Present Instruments, Trends, and Future Goals
1.
Review of Some Present Instruments for the Protection of Indigenous Peoples.
2.
Indigenous Peoples in Nature and Corporate Responsibility.
2.a
Responsibility for Incompensable Appropriations and International Humanitarian Law.
2.b
Cultural Heritage and Natural Patrimony of Mankind.
3.
Benedict Kingsbury on ¿five competing Conceptual Structures of Indigenous People¿s Claims¿.
3.a
The First Two Claims¿ Structures: Human Rights and Non-Discrimination and Minority Claims.
3.b
Two More Conceptual Structures: Self-Determination and Historical Self-Determination.
4.
Corporations and their ¿Human¿ Rights?
5.
Future Trends: The Influence of Soft Law and of NGOs.
5.a
The Earth Charter and Indigenous Peoples.
6.
Public Health, Epidemiology and the Research of the WHO: Science in Defense of Aboriginal Peoples.
6.a
¿Health Disparities in Aboriginal Canada¿ ¿ the Social, Economic and Political Aspects.
6.b
Aboriginal Health Disparities: Ecological and Biological Aspects.
6.c
The WHO and the Scientific Component of Aboriginal Protection.
7.
Environmental Justice: Global Governance for Ecological Integrity.

Library of Congress Subject Headings for this publication:

Indigenous peoples -- Civil rights.
Indigenous peoples -- Legal status, laws, etc.
Offenses against the environment.
Conservation of natural resources -- Law and legislation.