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https://ssrn.com/abstract=1399659
 
 

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Indigenous People and Environmental Justice: The Impact of Climate Change


Rebecca A. Tsosie


University of Arizona - James E. Rogers 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


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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: https://ssrn.com/abstract=1399659

Contact Information

Rebecca A. Tsosie (Contact Author)
University of Arizona - James E. Rogers College of Law ( email )
P.O. Box 210176
Tucson, AZ 85721-0176
United States
HOME PAGE: https://law.arizona.edu/rebecca-tsosie

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