Search Results for: Philippine Natural Resources Law Journal

Indigenous Peoples, Title to Territory, Rights and Resources

Indigenous Peoples, Title to Territory, Rights and Resources

Author: Cathal M. Doyle

Publisher: Routledge

ISBN: 9781317703174

Category: Law

Page: 417

View: 255

The right of indigenous peoples under international human rights law to give or withhold their Free Prior and Informed Consent (FPIC) to natural resource extraction in their territories is increasingly recognized by intergovernmental organizations, international bodies, and industry actors, as well as in the domestic law of some States. This book offers a comprehensive overview of the historical basis and status of the requirement for indigenous peoples’ consent under international law, examining its relationship with debates and practice pertaining to the acquisition of title to territory throughout the colonial era. Cathal Doyle examines the evolution of the contemporary concept of FPIC and the main challenges and debates associated with its recognition and implementation. Drawing on existing jurisprudence and evolving international standards, policies and practices, Doyle argues that FPIC constitutes an emerging norm of international law, which is derived from indigenous peoples’ self-determination, territorial and cultural rights, and is fundamental to their realization. This rights consistent version of FPIC guarantees that the responses to questions and challenges posed by the extractive industry’s increasingly pervasive reach will be provided by indigenous peoples themselves. The book will be of great interest and value to students and researchers of public international law, and indigenous peoples and human rights.

Communities and the Environment

Communities and the Environment

Author: Arun Agrawal

Publisher: Rutgers University Press

ISBN: 081352914X

Category: Nature

Page: 228

View: 124

For years environmentalists thought natural resources could be best protected by national legislation. But the poor outcomes of this top-down policy have led conservation professionals today to regard local communities as the agents of conservation efforts. According to a recent survey, more than fifty countries report that they pursue partnerships with local communities in an effort to protect their forests. Despite the recent popularity of a community-based approach, the concept of community rarely receives the attention it should get from those concerned with resource management. This balanced volume redresses the situation, demonstrating both the promise and the potential dangers of community action. Although the contributors advocate community-based conservation, they examine the record with a critical eye. They pay attention to the concrete political contexts in which communities emerge and operate. Understanding the nature of community requires understanding the internal politics of local regions and their relationship to external forces and actors. Especially critical are issues related to ethnicity, gender, and the state.

Communities and Conservation

Communities and Conservation

Author: J. Peter Brosius

Publisher: Rowman Altamira

ISBN: 0759105065

Category: Nature

Page: 508

View: 173

A group of distinguished environmentalists analyze and advocate for community-based natural resource management (CBNRM). They offer an overview of this transnational movement and its links between environmental management and social justice agendas. This book will be valuable to instructors, practitioners, and activists in environmental anthropology, justice, and policy, in cultural geography, political ecology, indigenous rights, conservation biology, and community-based cultural resource management.

Sovereignty Under Challenge

Sovereignty Under Challenge

Author: Nathan Glazer

Publisher: Routledge

ISBN: 9781351488624

Category: Political Science

Page: 402

View: 689

Sovereignty-the authority of a state to wield ultimate power over its territory, its citizens, its institutions-is everywhere undergoing change as states respond in various ways to the challenges posed, from above and below. "Above" the state is the widening net of international institutions and treaties dealing with human rights, trade, investment, and monetary affairs; and "below" it are rising claims within states from long-resident groups discontented with the political order and from new migrants testing its authority. Sovereignty under Challenge deals with a range of such challenges and responses, analyzed in authoritative studies by leading scholars. The introductory chapter sets forth the theme that sovereignty is asserted clearly, but often unpredictably, when governments respond to challenge. It suggests ways of classifying these responses as variables that help explain the changing nature of sovereignty. Part 1, "The Citizen and the State," treats the rising tide of dual citizenship and the concerns this arouses in the United States; the work of national human rights commissions in Asia; and the challenge posed to the state by the Falungong movement in China. The two chapters in Part 2, "The Government as Decision-Maker," examine Japan's response to global warming and the problems of the World Health Organization in orchestrating collaboration among Southeast Asian states in implementing infectious disease control. Part 3, "Sovereignty and Culture," looks at conflicts engendered by outside change on indigenous economic, cultural, and legal institutions in India, Fiji, Indonesia, and Malaysia. The chapters in Part 4, "Sovereignty and the Economy," analyze the economic and cultural instability induced by Chinese migration to Russia's far east; the impact on state sovereignty brought about by transnational regulatory campaigns and social activism; the question of indigenous land rights in the Philippines; and the impact of transnational corporations on information technology in Asia. A concluding chapter offers a global assessment of the current status of state sovereignty.

Civilizing the Margins

Civilizing the Margins

Author: Christopher R. Duncan

Publisher: NUS Press

ISBN: 9971694182

Category: Assimilation (Sociology)

Page: 308

View: 522

Discusses the programs, policies, and laws that affect ethnic minorities in eight countries: Burma, Cambodia, Indonesia, Laos, Malaysia, the Philippines, Thailand, and Viet Nam. Once targeted for intervention, people such as the Orang Asli of Malaysia and the "hill tribes" of Thailand often become the subject of programs aimed at radically changing their lifestyles, which the government views as backward or primitive. Several chapters highlight the tragic consequences of forced resettlement, a common result of these programs.

The World Bank Legal Review, Volume 1: Law and Justice for Development

The World Bank Legal Review, Volume 1: Law and Justice for Development

Author: World Bank

Publisher: BRILL

ISBN: 9789004503014

Category: Business & Economics

Page: 674

View: 352

Sustainable poverty reduction and equitable economic development rest on the firm foundation of the rule of law. On the domestic front, countries must engage in legal reform in order to maximize the benefits of globalization, increase efficiency in business transactions, improve the way governments deliver essential services, and facilitate access to an effective justice system. Internationally, new rules are needed to face global threats such as money laundering, destabilizing capital movements, communicable diseases, and attacks on the environment. The first volume of The World Bank Legal Review: Law and Justice for Development is the result of the World Bank's unique experience with legal and judicial innovations and research around the world. It will be of interest to policy makers, attorneys, international development professionals, and anyone interested in the role of law and justice in the multi-faceted struggle to relieve poverty and improve living standards in developing countries.

Traditional Knowledge, Traditional Cultural Expressions, and Intellectual Property Law in the Asia-Pacific Region

Traditional Knowledge, Traditional Cultural Expressions, and Intellectual Property Law in the Asia-Pacific Region

Author: Christoph Antons

Publisher: Kluwer Law International B.V.

ISBN: 9789041127211

Category: Law

Page: 422

View: 220

Among the many contentious matters thrown up by the relentless march of economic globalization, those forms of knowledge variously known as 'indigenous' or 'traditional' remain seriously threatened, despite numerous transnational initiatives and highly publicized debate. It is not proving easy to bring these holistic worldviews into accordance with the technical terms and classifications of intellectual property law. The contributions in this volume contrast efforts to find solutions and workable models at the international and regional level with experiences on the ground. Legal policies related to 'indigenous knowledge' in settler societies such as Australia and New Zealand are compared with those in densely populated neighbouring countries in Asia, where traditional knowledge is often regarded as national heritage. While many of the chapters are written by lawyers using an interdisciplinary approach, other chapters introduce the reader to perspectives from disciplines such as legal sociology and anthropology on controversial issues such as the understandings of 'art, ' 'culture, ' 'tradition, ' 'customary law' and the opportunities for traditional cultural knowledge and traditional cultural expressions in an Internet environment. Experienced observers of the international debate and regional experts discuss international model laws as well as legislation at regional and national level and the role of customary law. Topics covered include the following and much more: the concept of 'farmers' rights'; biodiscovery and bioprospecting; traditional knowledge as a commodity; encounters between different legalities; geographical indications; registration requirements; sanctions, remedies, and dispute resolution mechanisms; the ongoing fragmentation and loss of traditional knowledge; and systems of data collection.

Routledge Handbook of the Environment in Southeast Asia

Routledge Handbook of the Environment in Southeast Asia

Author: Philip Hirsch

Publisher: Routledge

ISBN: 9781315474878

Category: Science

Page: 522

View: 281

The environment is one of the defining issues of our times, and it is closely linked to questions and dilemmas surrounding economic development. Southeast Asia is one of the world’s most economically and demographically dynamic regions, and it is also one in which a host of environmental issues raise themselves. The Routledge Handbook of the Environment in Southeast Asia is a collection of 30 chapters dealing with the most significant scholarly debates in this rapidly growing field of study. Structured in four main parts, it gives a comprehensive regional overview of, and insight into, the environment in Southeast Asia. Wide-ranging and balanced, this handbook promotes scholarly understanding of how environmental issues are dealt with from diverse theoretical perspectives. It offers a detailed empirical understanding of the myriad environmental problems and challenges faced in Southeast Asia. This is the first publication of its kind in this field; a helpful companion for a global audience and for scholars of Southeast Asian studies from a variety of disciplines.

The Struggle for Accountability

The Struggle for Accountability

Author: Jonathan A. Fox

Publisher: MIT Press

ISBN: 0262561174

Category: Science

Page: 588

View: 330

After a history of funding environmentally costly megaprojects, the World Bank now claims that it is trying to become a leading force for sustainable development. For more than a decade, nongovernmental organizations (NGOs) and grassroots movements have formed transnational coalitions to reform the World Bank and the governments that it funds. The Struggle for Accountability assesses the efforts of these groups to make the World Bank more publicly accountable. The book is organized into four parts. Part I describes the NGOs and grassroots movements that are the book's central focus. Part II presents case studies of four projects that provoked the emergence of transnational advocacy coalitions: Indonesia's Kedung Ombo dam, the Mt. Apo geothermal plant in the Philippines, Brazil's Planaforo Amazon development project, and the remarkable campaign of Ecuador's indigenous people to influence national economic policy that led to their participation in the design of a development loan. Part III looks at the origins and politics of reform in four areas of broader World Bank policy: the rights of indigenous peoples, involuntary resettlement, water resources, and the World Bank's institutional reforms that are supposed to encourage public accountability. In the last section, the editors discuss issues of accountability within transnational coalitions and assess the impact of advocacy campaigns on World Bank projects and policies. Contributors L. David Brown, Jane G. Covey, Jonathan A. Fox, Andrew Gray, Margaret E. Keck, Deborah Moore, Antoinette Royo, Augustinus Rumansara, Leonard Sklar, Kay Treakle, Lori Udall, David A. Wirth.

Natural Resources, Environment, and Legal Pluralism

Natural Resources, Environment, and Legal Pluralism

Author: René Kuppe

Publisher: Martinus Nijhoff Publishers

ISBN: 9041103899

Category: Law

Page: 342

View: 594

The Law & Anthropology Yearbook brings together a collection of studies that discuss legal problems raised by cultural differences between people & the law to which they are subject. Most of the contributions to Volume 9 were presented at the IXth International Symposium of the Commission on Folk Law & Legal Pluralism, & focus on the subject of 'Natural Resources, Environment, & Legal Pluralism'. The natural resources which form the environment of rural people are subject to increasing pressures. Intensive forms of resource extraction increasingly endanger the continued availability & ecological quality of land, forest & water resources. Especially in regions inhabited by indigenous peoples, struggles over the control & social & economic function of natural resources are directly linked to conflicts over political & economic self-determination. Inevitably, the different legal systems, & the substantive & procedural possibilities they provide, become involved in struggles over political, economic & ecological values & objectives. The focus on natural resource management issues therefore is a particularly fruitful field to examine the contemporary functions of folk law in complex legal & economic systems.