TY - JOUR
T1 - Stop Burying the Lede: The Essential Role of Indigenous Law(s) in Creating Rights of Nature
AU - O'Donnell, Erin
AU - Poelina, Anne
AU - Pelizzon, Alessandro
AU - Clark, Cristy
N1 - Funding Information:
This contribution is part of a collection of articles growing out of a ResearchWorkshop on 'Indigenous Water Rights in Comparative Law', held at the University of Canterbury School of Law, Christchurch (New Zealand), on 7 Dec. 2018, funded by the New Zealand Law Foundation.
Publisher Copyright:
© Cambridge University Press.
Copyright:
Copyright 2020 Elsevier B.V., All rights reserved.
PY - 2020/10/2
Y1 - 2020/10/2
N2 - 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.
AB - 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.
KW - Ecological jurisprudence
KW - Indigenous
KW - Nature
KW - Pluralism
KW - Rights
KW - Rivers
UR - http://www.scopus.com/inward/record.url?scp=85094129755&partnerID=8YFLogxK
U2 - 10.1017/S2047102520000242
DO - 10.1017/S2047102520000242
M3 - Article
VL - 9
SP - 403
EP - 427
JO - Transnational Environmental Law
JF - Transnational Environmental Law
SN - 2047-1025
IS - 3
ER -