Description
1. Introduction Setting up the scene: an international perspective Book methodology Community research methodology Outline of the book References 2. Climate justice as an interpretative approach Introduction The notion of climate justice Distribution, recognition and participation as a justice discourse Capabilities approach, human rights and justice Decolonial theories Recognition of customary law and Indigenous knowledge: same old (neo)colonial story? Indigenous Peoples, Climate Change and Colonialism Re-Thinking Vulnerability Contextualizing Climate Change and Colonialism: the Yanesha people of the Palcazu valley in Peru Conclusions References 3. The International Legal Framework: Human Rights and Climate Change Introduction Human rights-based approaches to climate change The paradox and the inclusive promise of human rights-based approaches to climate change Human rights, climate change and international law Substantive rights, procedural and participatory rights and related challenges Environmental rights and climate change Indivisibility of human rights and the environment: the right to a healthy environment Climate change and the right to life, food, health, water and other fundamental rights: an issue of justice Conclusions References 4. Indigenous Peoples in International Law and Governance Introduction The international protection of Indigenous peoples’ rights Political doctrines of colonization and decolonization adopted within international law Individual and collective rights Indigenous peoples and international law human rights law Human rights dimensions of environmental law Jurisprudence of international courts The participation of Indigenous Peoples in International Fora Participation from local to global The UN system: the establishment of the Permanent Forum on Indigenous Issues From exclusion in climate governance to the International Indigenous Peoples Forum on Climate Change Conclusions References 5. Participatory Rights, Conservation and Indigenous Customary Law Introduction Right to Consultation and to FPIC Differences between Consultation and Consent: two different standards in International Law? Consent, Traditional Knowledge and Benefit-Sharing Indigenous critiques and guidelines to the operationalization of FPIC Climate finance, participation and redress: the case of the Independent Redress Mechanism of the Green Climate Fund The enforcement of consent procedures in national legislation: example from Peru Biodiversity Conservation, Emissions Reductions and Indigenous Customary Law REDD+, conservation and the commodification of forests Indigenous and Community Conserved Areas The status of Indigenous Customary Law Conclusions References 6. Climate Change and Litigation: Human rights as a tool to achieve climate justice Introduction Climate Change Litigation & Indigenous Peoples Conceptualizing and quantifying climate litigation Types of liability and the potential for a human rights-based approach in climate litigation Indigenous peoples in climate litigation Conclusions References 7. Beyond the human rights-based approach: Rights of Nature and Ecological Integrity Introduction Earth jurisprudence as a systemic and epistemic alternative Not only human rights: Indigenous cosmovision and Rights of Nature Critical aspects of Rights of Nature vis vis Indigenous anthropomorphism Rights of Nature in Global Environmental Litigation The right of Ecological Integrity: a way forward Conclusions References 8. Conclusion Achieving climate justice within a world of coloniality Ways forward and future avenues for research
