Transnational Environmental Law, volume 9, issue 3, pages 403-427

Stop Burying the Lede: The Essential Role of Indigenous Law(s) in Creating Rights of Nature

Publication typeJournal Article
Publication date2020-10-02
scimago Q1
SJR0.964
CiteScore6.1
Impact factor2.6
ISSN20471025, 20471033
Law
Management, Monitoring, Policy and Law
Abstract

The rapid emergence of rights of Nature over the past decade across multiple contexts has fostered increasing awareness, recognition, and, ultimately, acceptance of rights of Nature by the global community. Yet, too often, both scholarly publications and news articles bury the lede – namely, that the most transformative cases of rights of Nature have been consistently influenced and often actually led by Indigenous peoples. In this article we explore the ontologies of rights of Nature and earth jurisprudence, and the intersections of these movements with the leadership of Indigenous peoples in claiming and giving effect to their own rights (while acknowledging that not all Indigenous peoples support rights of Nature). Based on early observations, we discern an emerging trend of increased efficacy, longevity, and transformative potential being linked to a strongly pluralist approach of lawmaking and environmental management. A truly transformative and pluralist ecological jurisprudence can be achieved only by enabling, and empowering, Indigenous leadership.

Found 
Found 

Top-30

Journals

1
2
3
4
5
6
1
2
3
4
5
6

Publishers

2
4
6
8
10
12
14
2
4
6
8
10
12
14
  • We do not take into account publications without a DOI.
  • Statistics recalculated only for publications connected to researchers, organizations and labs registered on the platform.
  • Statistics recalculated weekly.

Are you a researcher?

Create a profile to get free access to personal recommendations for colleagues and new articles.
Share
Cite this
GOST | RIS | BibTex | MLA
Found error?