scholarly journals Indigenous peoples’ rights to natural resources in Argentina: the challenges of impact assessment, consent and fair and equitable benefit-sharing in cases of lithium mining

2019 ◽  
Vol 24 (2-3) ◽  
pp. 224-240 ◽  
Author(s):  
Pia Marchegiani ◽  
Elisa Morgera ◽  
Louisa Parks
Keyword(s):  
Natural Resources ◽  
Impact Assessment ◽  
Indigenous Peoples ◽  
Benefit Sharing

scholarly journals Protecting Indigenous Peoples through Right to Natural Resources: Lesson from the Existence of Navajo Tribe in the United States

2015 ◽  
Vol 1 (3) ◽  
pp. 307
Author(s):  
I Gusti Ngurah Parikesit Widiatedja
Keyword(s):  
United States ◽  
Natural Resources ◽  
Indigenous Peoples ◽  
Pollution Prevention ◽  
The United States ◽  
Benefit Sharing ◽  
Economic Exploitation ◽  
Pollution Prevention And Control ◽  
And Control ◽  
Indigenous Land

From the perspective of international law, indigenous peoples have the rights to own, use, and control their natural resources within their territories. In the United States, the Navajo Tribe has enjoyed those rights. In terms of law making process, this tribe can enact some acts to preserve a control over their natural resources. Specifically, the Air Pollution Prevention and Control Act, the Clean Water Act, and the Solid Waste Act. Concerning law implementation and enforcement, Navajo Tribe has a right to equitable benefit sharing in natural resources and fair court proceeding for breach. As a result, the existence of rights for natural resources requires the U.S federal government to ensure fair administration of natural resources in order to mitigate an economic exploitation of natural resources in indigenous land.

scholarly journals Indigenous Peoples Involment At The Environmental Impact Assessment (EIA) Process in Tabi Mamta Area Of Papua Province

2018 ◽  
Vol 31 ◽  
pp. 08017
Author(s):  
Ferdinand Saras Dhiksawan ◽  
Sudharto P. Hadi ◽  
Adji Samekto ◽  
Dwi P. Sasongko
Keyword(s):  
Environmental Impact ◽  
Natural Resources ◽  
Impact Assessment ◽  
Cultural Values ◽  
Environmental Impact Assessment ◽  
Indigenous Peoples ◽  
Past History ◽  
Environmental Damage ◽  
Cultural System ◽  
Leadership Components

The purpose of this study is to find a picture of the involvement of Indigenous Peoples of Tabi Mamta in the process of environmental impact assessment (EIA) in Tabi Mamta customary territory. The method and type of research used is non-ethnographic qualitative research with data collection techniques using limited observation techniques. Data and information in the field will be analyzed using constructivism paradigm. The paradigm of constructivism is based on an interpretive understanding called hermeneutics (hermeneuien) in the sense of interpreting, giving understanding, translating data and information obtained in the research location as a result of social reality. The results of this study indicate that the customary community of Tabi Mamta is a unit of customary community that still has territorial customary territory, has a customary leadership structure, still visible relationship of kinship, cultural values as well as customary norms and sanctions, and has environmental wisdom in maintaining existence Natural resources. In the socio-cultural system of customary communities there are components such as customary stratification, permissiveness, communication, reciprocity, past history, cultural values, customary norms and sanctions, religious and customary leadership. Components in the socio-cultural system of indigenous and tribal peoples play a role in the EIA process in the Tabi Mamta customary area especially in the environmental feasibility decision making process. The components of custom stratification, cultural values and customary norms play a role in the EIA process. In customary stratification there is uncustomary structure in the ondoafi, Iram and Tribal Leadership. Components in a sociual cultural system is a unity resulting from interaction between individuals and groups to prevent environmental damage and disturbance of natural resources. Natural resources are considered as ancestral symbols passed down by ancestors from generation to generation

scholarly journals Sustainable Development of Arctic Oil and Gas: Indigenous Peoples’ Rights and Benefit-Sharing.

2021 ◽  
Vol 16 (3) ◽  
Author(s):  
Thelma Sefakor Alubankudi
Keyword(s):  
Sustainable Development ◽  
Natural Resources ◽  
Indigenous Peoples ◽  
Oil And Gas ◽  
Benefit Sharing ◽  
The Arctic ◽  
Commercial Exploitation

How would you feel if foreigners encroached on your natural resources for commercial exploitation without your consent and had no agreement with you regarding the sharing of benefits generated from its use? This is the case for vulnerable Arctic populations and Indigenous peoples. The Arctic is known as a vast storehouse of potential resources. Oil …

scholarly journals Protecting Indigenous Peoples through Right to Natural Resources: Lesson from the Existence of Navajo Tribe in the United States

2015 ◽  
Vol 1 (3) ◽  
pp. 307
Author(s):  
I Gusti Ngurah Parikesit Widiatedja
Keyword(s):  
United States ◽  
Natural Resources ◽  
Indigenous Peoples ◽  
Pollution Prevention ◽  
The United States ◽  
Benefit Sharing ◽  
Economic Exploitation ◽  
Pollution Prevention And Control ◽  
And Control ◽  
Indigenous Land

From the perspective of international law, indigenous peoples have the rights to own, use, and control their natural resources within their territories. In the United States, the Navajo Tribe has enjoyed those rights. In terms of law making process, this tribe can enact some acts to preserve a control over their natural resources. Specifically, the Air Pollution Prevention and Control Act, the Clean Water Act, and the Solid Waste Act. Concerning law implementation and enforcement, Navajo Tribe has a right to equitable benefit sharing in natural resources and fair court proceeding for breach. As a result, the existence of rights for natural resources requires the U.S federal government to ensure fair administration of natural resources in order to mitigate an economic exploitation of natural resources in indigenous land.

Sovereignty, Self-Determination, and Natural Resources

2018 ◽  
Author(s):  
Jérémie Gilbert
Keyword(s):  
Natural Resources ◽  
International Law ◽  
Indigenous Peoples ◽  
Potential Role ◽  
Food Sovereignty ◽  
Self Determination ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Ambivalent Relationship ◽  
The Right

The issue of sovereignty over natural resources has been a key element in the development of international law, notably leading to the emergence of the principle of States’ permanent sovereignty over their natural resources. However, concomitant to this focus on States’ sovereignty, international human rights law proclaims the right of peoples to self-determination over their natural resources. This has led to a complex and ambivalent relationship between the principle of States’ sovereignty over natural resources and peoples’ rights to natural resources. This chapter analyses this conflicting relationship and examines the emergence of the right of peoples to freely dispose of their natural resources and evaluates its potential role in contemporary advocacy. It notably explores how indigenous peoples have called for the revival of their right to sovereignty over natural resources, and how the global peasants’ movement has pushed for the recognition of the concept of food sovereignty.

scholarly journals The ‘No-Alternative Scenario’ in the Alternative Analysis of NEPA

2019 ◽  
Vol 8 (3) ◽  
pp. 11
Author(s):  
Kalpana Murari
Keyword(s):  
Sustainable Development ◽  
Natural Resources ◽  
Impact Assessment ◽  
Multinational Corporations ◽  
Developing Nations ◽  
Third Party ◽  
Low Carbon ◽  
Infrastructure Projects ◽  
Alternative Analysis ◽  
The Public

Environmental impact assessment report is the primary document required to assess sustainable issues of any business/commercial activity, but it is most often overlooked for serious anomalies in its presentation to the public. It is most often incomplete and there is a need to review the standards of impact assessment procedures that help preserve environmental integrity among developing nations. The absence of sanctions for improper assessment of environmental, social and economic impacts of commercial activities, including extraction of natural resources by domestic and multinational corporations undermines sustainable development across the globe. The procedures in place to study various impacts of a business activity that enable access to genuine, verifiable and actionable information by the public require review and oversight by a third-party institution. The standardization of procedures and universal harmonization of enforcement and compliance regulations by nations has to become a topic for debate at various academic levels to gain importance. Essentially, EIA reports in large infrastructure projects serve as a blueprint for low carbon economies. Developing nations ignore vital provisions relating to the listing and analysis of alternatives in their attempt to meet developmental goals. Environmental protection is to maintain the ecological integrity of habitats and ecosystems. EIA reports, ultimately, aim at conserving and replenishing the reserves of natural resources. Judicial law has played an important role in highlighting the importance of alternatives in EIA. It is therefore important as how developing nations use the provision for the alternative analysis within their environmental laws. This paper will discuss EIA under the auspices of International law relating it to Sustainable Development. It shall emphasize the significance of providing alternatives in large infrastructure projects that have enviro-social impacts including transboundary effects and how the use of “no-action” alternative helps preserve and conserve a nation’s resources, reducing negative impacts Keywords: NEPA, CEQ, Impact Assessment, Alternatives Assessment, Alternatives Analysis, no-action alternative, hydropower, mega dams.

scholarly journals Forest Protection through Sasi: Local Environmental Law in Ambon Island Post COVID -19 Pandemic

2021 ◽  
Vol 10 (3) ◽  
pp. 482
Author(s):  
Aarce Tehupeiory ◽  
Haposan Sahala Raja Sinaga ◽  
Lamhot Naibaho
Keyword(s):  
Natural Resources ◽  
Indigenous Peoples ◽  
Research Method ◽  
Environmental Law ◽  
Descriptive Analysis ◽  
Food Plants ◽  
Annual Plants ◽  
Community Members ◽  
Forest Protection ◽  
Analysis Technique

This study discusses forest protection through Sasi (Local Environmental Law) in Ambon island post-COVID-19. Sasi is a customary norm and rules and sanctions regarding the prohibition of taking plant or plant products, fish and game time before the time agreed and determined by community leaders and leaders together with community members. The main goal is to conserve natural resources, control and limit human greed in overexploiting natural resources. The research method used is a qualitative research method with normative legal research. The research was conducted at Universitas Kristen Indonesia from January to March 2021. The objects studied were documents either in reports or regulations related to indigenous peoples' local wisdom. The research instrument used was a document checklist. The data analysis technique used is the descriptive analysis technique. The research results are that traditional Sasi wisdom has values ??and norms to protect forests, water sources, annual plants, and food plants. With the concept and understanding of how environmental managements with various customary rules to obtain benefits and maintain the kinship value of area units that already have an identity and must continuously be maintained in the aftermath of the COVID-19 pandemic.

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