Tribes, Land, and the Environment

2013-02-28 Law

Author : Professor Ezra Rosser
Release : 2013-02-28
Genre : Law
Kind : eBook
Book Rating : 00X/5 ( reviews)

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Book Synopsis Tribes, Land, and the Environment by : Professor Ezra Rosser

Download or read book Tribes, Land, and the Environment written by Professor Ezra Rosser. This book was released on 2013-02-28. Available in PDF, EPUB and Kindle. Book excerpt: Legal and environmental concerns related to Indian law and tribal lands remain an understudied branch of both indigenous law and environmental law. Native American tribes have a far more complex relationship with the environment than is captured by the stereotype of Indians as environmental stewards. Meaningful tribal sovereignty requires that non-Indians recognize the right of Indians to determine their own relationship to the land and the environment. But tribes do not exist in a vacuum: in fact they are deeply affected by off-reservation activities and, similarly, tribal choices often have effects on nearby communities. This book brings together diverse essays by leading Indian law scholars across the disciplines of indigenous and environmental law. The chapters reveal the difficulties encountered by Native American tribes in attempts to establish their own environmental standards within federal Indian law and environmental law structures. Gleaning new insights from a focus on tribal land and property law, the collection studies the practice of tribal sovereignty as experienced by Indians and non-Indians, with an emphasis on the development and regulatory challenges these tribes face in the wake of climate change. This volume will advance the reader's knowledge and understanding of these challenging issues.

Tribes, Land, and the Environment

2016-02-17 Law

Author : Sarah Krakoff
Release : 2016-02-17
Genre : Law
Kind : eBook
Book Rating : 313/5 ( reviews)

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Book Synopsis Tribes, Land, and the Environment by : Sarah Krakoff

Download or read book Tribes, Land, and the Environment written by Sarah Krakoff. This book was released on 2016-02-17. Available in PDF, EPUB and Kindle. Book excerpt: Legal and environmental concerns related to Indian law and tribal lands remain an understudied branch of both indigenous law and environmental law. Native American tribes have a far more complex relationship with the environment than is captured by the stereotype of Indians as environmental stewards. Meaningful tribal sovereignty requires that non-Indians recognize the right of Indians to determine their own relationship to the land and the environment. But tribes do not exist in a vacuum: in fact they are deeply affected by off-reservation activities and, similarly, tribal choices often have effects on nearby communities. This book brings together diverse essays by leading Indian law scholars across the disciplines of indigenous and environmental law. The chapters reveal the difficulties encountered by Native American tribes in attempts to establish their own environmental standards within federal Indian law and environmental law structures. Gleaning new insights from a focus on tribal land and property law, the collection studies the practice of tribal sovereignty as experienced by Indians and non-Indians, with an emphasis on the development and regulatory challenges these tribes face in the wake of climate change. This volume will advance the reader's knowledge and understanding of these challenging issues.

Mining, the Environment, and Indigenous Development Conflicts

2021-10-19 Social Science

Author : Saleem H. Ali
Release : 2021-10-19
Genre : Social Science
Kind : eBook
Book Rating : 886/5 ( reviews)

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Book Synopsis Mining, the Environment, and Indigenous Development Conflicts by : Saleem H. Ali

Download or read book Mining, the Environment, and Indigenous Development Conflicts written by Saleem H. Ali. This book was released on 2021-10-19. Available in PDF, EPUB and Kindle. Book excerpt: From sun-baked Black Mesa to the icy coast of Labrador, native lands for decades have endured mining ventures that have only lately been subject to environmental laws and a recognition of treaty rights. Yet conflicts surrounding mining development and indigenous peoples continue to challenge policy-makers. This book gets to the heart of resource conflicts and environmental impact assessment by asking why indigenous communities support environmental causes in some cases of mining development but not in others. Saleem Ali examines environmental conflicts between mining companies and indigenous communities and with rare objectivity offers a comparative study of the factors leading to those conflicts. Mining, the Environment, and Indigenous Development Conflicts presents four cases from the United States and Canada: the Navajos and Hopis with Peabody Coal in Arizona; the Chippewas with the Crandon Mine proposal in Wisconsin; the Chipewyan Inuits, Déné and Cree with Cameco in Saskatchewan; and the Innu and Inuits with Inco in Labrador. These cases exemplify different historical relationships with government and industry and provide an instance of high and low levels of Native resistance in each country. Through these cases, Ali analyzes why and under what circumstances tribes agree to negotiated mining agreements on their lands, and why some negotiations are successful and others not. Ali challenges conventional theories of conflict based on economic or environmental cost-benefit analysis, which do not fully capture the dynamics of resistance. He proposes that the underlying issue has less to do with environmental concerns than with sovereignty, which often complicates relationships between tribes and environmental organizations. Activist groups, he observes, fail to understand such tribal concerns and often have problems working with tribes on issues where they may presume a common environmental interest. This book goes beyond popular perceptions of environmentalism to provide a detailed picture of how and when the concerns of industry, society, and tribal governments may converge and when they conflict. As demands for domestic energy exploration increase, it offers clear guidance for such endeavors when native lands are involved.

Indigenous Environmental Justice

2020 Law

Author : Karen Jarratt-Snider
Release : 2020
Genre : Law
Kind : eBook
Book Rating : 837/5 ( reviews)

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Book Synopsis Indigenous Environmental Justice by : Karen Jarratt-Snider

Download or read book Indigenous Environmental Justice written by Karen Jarratt-Snider. This book was released on 2020. Available in PDF, EPUB and Kindle. Book excerpt: "With connections to traditional homelands being at the heart of Native identity, environmental justice is of heightened importance to Indigenous communities. Not only do irresponsible and exploitative environmental policies harm the physical and financial health of Indigenous communities, they also cause spiritual harm by destroying the land and wildlife that are held in a place of exceptional reverence for Indigenous peoples. Combining elements of legal issues, human rights issues, and sovereignty issues, Indigenous Environmental Justice creates a clear example of community resilience in the face of corporate greed"--

Indigenous Peoples, the Environment and Law

2004 Law

Author : Lawrence Watters
Release : 2004
Genre : Law
Kind : eBook
Book Rating : /5 ( reviews)

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Book Synopsis Indigenous Peoples, the Environment and Law by : Lawrence Watters

Download or read book Indigenous Peoples, the Environment and Law written by Lawrence Watters. This book was released on 2004. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a rich perspective on the intersection of indigenous peoples and the law, particularly within environmental law and international environmental law, emphasizing themes that are increasingly prominent on the agenda of the international community. In the anthology, twenty-three articles are collected that address significant conflicts with an interdisciplinary vantage point, where the interests of indigenous peoples and environmental law are closely intertwined. It analyses biodiversity, traditional knowledge, the responsibility of multinational corporations, and restitution. Sixteen of the selections provide a comparative perspective on the conflicts and issues involving indigenous peoples arising in specific countries. From the fragile environment of the Arctic, to sacred sites and water in the United States, the diversity of indigenous peoples is explored within the context of governance, natural resources and conflict resolution. From native Hawaiians to the Sami of Scandinavia, selected themes parallel and contrast with one another in concert with the quest for survival in Bolivia, Guatemala, the Philippines and Russia. At the same time, the relationship of indigenous peoples to nature and the struggle for identity are common themes in virtually all of the selections. Case studies, drawing on anthropology and history, in addition to law, combined with several more conceptual contributions, provide a mosaic that places indigenous peoples in both a comparative and international context. In addition, Watters includes several articles that explore trends in convergence and globalization, which have especially important ramifications for indigenous peoples. "Each article stands on its own as a significant scholarly contribution and the diversity of authors necessarily lends a unique flavor and perspective to the subject... almost all of the selections are recent and therefore timely... [T]hey are drawn from an excellent group of journals that remain in the forefront in scholarship" -- Brian Myers, Georgetown International Environmental Law Review "Indigenous People, the Environment and Law...provides an invaluable onestop resource for seasoned scholars seeking a holistic look at this important topic and for relative newcomers to the subject seeking a broad introduction... an important contribution to the scholarly field at a crucial time" -- Sean T. McAllister, UCLA Journal of Environmental Law & Policy Printable Quick Facts Sheet & Summary Table of Contents

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