The Elusive Promise Of Indigenous Development
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| Author | : Karen Engle |
| Publisher | : Duke University Press |
| Total Pages | : 419 |
| Release | : 2010-09-17 |
| Genre | : History |
| ISBN | : 0822392968 |
Around the world, indigenous peoples use international law to make claims for heritage, territory, and economic development. Karen Engle traces the history of these claims, considering the prevalence of particular legal frameworks and their costs and benefits for indigenous groups. Her vivid account highlights the dilemmas that accompany each legal strategy, as well as the persistent elusiveness of economic development for indigenous peoples. Focusing primarily on the Americas, Engle describes how cultural rights emerged over self-determination as the dominant framework for indigenous advocacy in the late twentieth century, bringing unfortunate, if unintended, consequences. Conceiving indigenous rights as cultural rights, Engle argues, has largely displaced or deferred many of the economic and political issues that initially motivated much indigenous advocacy. She contends that by asserting static, essentialized notions of indigenous culture, indigenous rights advocates have often made concessions that threaten to exclude many claimants, force others into norms of cultural cohesion, and limit indigenous economic, political, and territorial autonomy. Engle explores one use of the right to culture outside the context of indigenous rights, through a discussion of a 1993 Colombian law granting collective land title to certain Afro-descendant communities. Following the aspirations for and disappointments in this law, Engle cautions advocates for marginalized communities against learning the wrong lessons from the recent struggles of indigenous peoples at the international level.
| Author | : Katharina Ruckstuhl |
| Publisher | : Taylor & Francis |
| Total Pages | : 758 |
| Release | : 2022-11-30 |
| Genre | : Political Science |
| ISBN | : 1000770338 |
This Handbook inverts the lens on development, asking what Indigenous communities across the globe hope and build for themselves. In contrast to earlier writing on development, this volume focuses on Indigenous peoples as inspiring theorists and potent political actors who resist the ongoing destruction of their livelihoods. To foster their own visions of development, they look from the present back to Indigenous pasts and forward to Indigenous futures. Key questions: How do Indigenous theories of justice, sovereignty, and relations between humans and non-humans inform their understandings of development? How have Indigenous people used Rights of Nature, legal pluralism, and global governance systems to push for their visions? How do Indigenous relations with the Earth inform their struggles against natural resource extraction? How have native peoples negotiated the dangers and benefits of capitalism to foster their own life projects? How do Indigenous peoples in diaspora and in cities around the world contribute to Indigenous futures? How can Indigenous intellectuals, artists, and scientists control their intellectual property and knowledge systems and bring into being meaningful collective life projects? The book is intended for Indigenous and non-Indigenous activists, communities, scholars, and students. It provides a guide to current thinking across the disciplines that converge in the study of development, including geography, anthropology, environmental studies, development studies, political science, and Indigenous studies.
| Author | : Julia Dehm |
| Publisher | : Cambridge University Press |
| Total Pages | : 439 |
| Release | : 2021-06-03 |
| Genre | : Law |
| ISBN | : 1108540139 |
In Reconsidering REDD+: Authority, Power and Law in the Green Economy, Julia Dehm provides a critical analysis of how the Reducing Emissions from Deforestation and Forest Degradation (REDD+) scheme operates to reorganise social relations and to establish new forms of global authority over forests in the Global South, in ways that benefit the interests of some actors while further marginalising others. In accessible prose that draws on interdisciplinary insights, Dehm demonstrates how, through the creation of new legal relations, including property rights and contractual obligations, new forms of transnational authority over forested areas in the Global South are being constituted. This important work should be read by anyone interested in a critical analysis of international climate law and policy that offers insights into questions of political economy, power, and unequal authority.
| Author | : S. Dicklitch |
| Publisher | : Springer |
| Total Pages | : 309 |
| Release | : 1998-07-13 |
| Genre | : Political Science |
| ISBN | : 0230502113 |
Dicklitch challenges the dominant discourse of neo-liberalism which places NGOs and civil society at the forefront of democratization and development in Africa. Based on nine months of field research in Uganda, the study draws on evidence from the 'successfully' liberalizing country and shows how NGO potential for democratization and development has been subverted by state directives, structural and historical conditions, as well as the internal limitations of NGOs.
| Author | : Mario Blaser |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 384 |
| Release | : 2008-02-29 |
| Genre | : Social Science |
| ISBN | : 1848131038 |
A collaboration between indigenous leaders, social activists and scholars from a wide range of disciplines, In the Way of Development explores the current situation of indigenous peoples enmeshed in the remorseless expansion of the modern economy. The volume assembles a rich diversity of statements, case studies and wider thematic explorations all starting with indigenous peoples as actors, not victims. The accounts come primarily from North America, but include also studies from South America, and the former Soviet Union. In the Way of Development shows how the boundaries between indigenous peoples' organizations, civil society, the state, markets, development and the environment are ambiguous and constantly changing. This fact makes local political agency possible, but also, ironically, opens the possibility of undermining it.
| Author | : Jonas Bens |
| Publisher | : University of Pennsylvania Press |
| Total Pages | : 256 |
| Release | : 2020-07-10 |
| Genre | : Political Science |
| ISBN | : 0812252306 |
An investigation into how indigenous rights are conceived in legal language and doctrine In the twenty-first century, it is politically and legally commonplace that indigenous communities go to court to assert their rights against the postcolonial nation-state in which they reside. But upon closer examination, this constellation is far from straightforward. Indigenous communities make their claims as independent entities, governed by their own laws. And yet, they bring a case before the court of another sovereign, subjecting themselves to its foreign rule of law. According to Jonas Bens, when native communities enter into legal relationships with postcolonial nation-states, they "become indigenous." Indigenous communities define themselves as separated from the settler nation-state and insist that their rights originate from within their own system of laws. At the same time, indigenous communities must argue that they are incorporated in the settler nation-state to be able to use its judiciary to enforce these rights. As such, they are simultaneously included into and excluded from the state. Tracing how the indigenous paradox is inscribed into the law by investigating several indigenous rights cases in the Americas, from the early nineteenth century to the early twenty-first, Bens illustrates how indigenous communities have managed—and continue to manage—to navigate this paradox by developing lines of legal reasoning that mobilize the concepts of sovereignty and culture. Bens argues that understanding indigeneity as a paradoxical formation sheds light on pressing questions concerning the role of legal pluralism and shared sovereignty in contemporary multicultural societies.
| Author | : David Groenfeldt |
| Publisher | : Routledge |
| Total Pages | : 339 |
| Release | : 2019-02-21 |
| Genre | : Nature |
| ISBN | : 1351200178 |
Fully revised and updated, this second edition of Water Ethics continues to consolidate water ethics as a key dimension of water-related decisions. The book introduces the idea that ethics are an intrinsic dimension of any water policy, program, or practice, and that understanding what ethics are being acted out in water policies is fundamental to an understanding of water resource management. Alongside updated references and the introduction of discussion questions and recommended further reading, this new edition discusses in depth three significant developments since the publication of the first edition in 2013. The first is the growing awareness of the climate crisis as an existential threat, and associated concern about adaptive strategies for sustainable water management and ways of using water management for climate mitigation (e.g., practically through agricultural soil management and conceptually through ethics awareness). Second, there has been increased clarity among the religious community, Indigenous leaders, and progressive academics that ethics needs to become an arena for application and action (e.g., the Vatican encyclical Laudato Si, protests at Standing Rock and Flint, Michigan, in the US, and climate demonstrations worldwide). Thirdly, there have been new normative water standards ranging from "water stewardship" (industry initiative), water charters (Berlin) and the on-going initiative to develop a global water ethics charter. Drawing on case studies from countries including Australia, India, the Philippines, South Africa, and the United States, this textbook is essential reading for students of environmental ethics and water governance and management.
| Author | : Karen N. Scott |
| Publisher | : BRILL |
| Total Pages | : 443 |
| Release | : 2020-11-04 |
| Genre | : Law |
| ISBN | : 9004424156 |
Changing Actors in International Law explores actors other than the ‘state’ in international law focusing on under-researched actors (quasi-states, trans-government networks, Indigenous Peoples, self-determination claimant groups) as well the less well studied aspects of otherwise well-researched actors (individuals, corporations, NGOs, armed organised groups).
| Author | : Lucas Lixinski |
| Publisher | : Oxford University Press |
| Total Pages | : 336 |
| Release | : 2019-05-30 |
| Genre | : Law |
| ISBN | : 0192581309 |
This book critically engages the shortcomings of the field of international heritage law, seen through the lenses of the five major UNESCO treaties for the safeguarding of different types of heritage. It argues that these five treaties have effectively prevented local communities, who bear the brunt of the costs associated with international heritage protection, from having a say in how their heritage is managed. The exclusion of local communities often alienates them not only from international decision-making processes but also from their cultural heritage itself, ultimately meaning that systems put in place for the protection of cultural heritage contribute to its disappearance in the long term. International Heritage Law for Communities adds to existing literature by looking at these UNESCO treaties not as isolated regimes, but rather as belonging to a discursive continuum on cultural heritage. In doing so, the book focuses on themes that cut across the relevant UNESCO regimes like the use of expert rule in international heritage law, economics, the relationship between heritage and the environment, among others, rather than the regimes themselves. It uses this mechanism to highlight the blind spots and unintended consequences of UNESCO treaties and how choices made in their drafting have continuing and potentially negative impacts on how we think about and safeguard heritage.
| Author | : Maria Sapignoli |
| Publisher | : Cambridge University Press |
| Total Pages | : 441 |
| Release | : 2018-02-15 |
| Genre | : Law |
| ISBN | : 110812917X |
This book presents a long-term study of the activist campaign that contested the Botswana government's much-publicized removal of the San and Bakgalagadi people from the Central Kalahari Game Reserve. Sapignoli's multiple points of observation and analysis range from rural Botswana to the nation's High Court, and a variety of United Nations agencies in their Headquarters, focusing on rights claimants and officials from NGOs, states and the United Nations as they acted on the grievances of those who had been displaced. In offering a comprehensive discussion of the San people and their claims-making through formal institutions, this book maintains a consistent focus on the increased recourse to law and the everyday experience of those who are asserting their rights in response to the encroachments of the state and the opportunities inherent in new indigenous advocacy networks.
