Abstract

http://ssrn.com/abstract=1399659
 
 

Citations (1)



 
 

Footnotes (110)



 


 



Indigenous People and Environmental Justice: The Impact of Climate Change


Rebecca A. Tsosie


Arizona State University (ASU) - Sandra Day O'Connor College of Law

2007

University of Colorado Law Review, Vol. 78, p. 1625, 2007

Abstract:     
The international dialogue on climate change is currently focused on a strategy of adaptation that includes the projected removal of entire communities, if necessary. Not surprisingly, many of the geographical regions that are most vulnerable to the effects of climate change are also the traditional lands of indigenous communities. This article takes the position that the adaptation strategy will prove genocidal for many groups of indigenous people, and instead argues for recognition of an indigenous right to environmental self-determination, which would allow indigenous peoples to maintain their cultural and political status upon their traditional lands. In the context of climate change policy, such a right would impose affirmative requirements on nation-states to engage in a mitigation strategy in order to avoid catastrophic harm to indigenous peoples. This article argues for a new conception of rights to address the unique harms of climate change. An indigenous right to environmental self-determination would be based on human rights norms in recognition that "sovereignty claims" by indigenous groups are not a sufficient basis to protect traditional ways of life and the rich and unique cultural norms of such groups. Similarly, tort-based theories of compensation for the harms of climate change have only limited capacity to address the concerns of indigenous peoples.

Number of Pages in PDF File: 53

Keywords: Climate change, indigenous people, environment

Accepted Paper Series


Download This Paper

Date posted: May 7, 2009 ; Last revised: June 24, 2014

Suggested Citation

Tsosie, Rebecca A., Indigenous People and Environmental Justice: The Impact of Climate Change (2007). University of Colorado Law Review, Vol. 78, p. 1625, 2007. Available at SSRN: http://ssrn.com/abstract=1399659

Contact Information

Rebecca A. Tsosie (Contact Author)
Arizona State University (ASU) - Sandra Day O'Connor College of Law ( email )
Box 877906
Tempe, AZ 85287-7906
United States
480-965-2714 (Phone)
Feedback to SSRN


Paper statistics
Abstract Views: 3,532
Downloads: 1,073
Download Rank: 9,899
Citations:  1
Footnotes:  110
People who downloaded this paper also downloaded:
1. Climate Change and Human Rights: Unpacking the Issues
By Daniel Bodansky

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo6 in 0.360 seconds