Geographies of hope in cultural resources protection

2019 ◽  
pp. 251484861987592 ◽  
Author(s):  
Beth Rose Middleton Manning
Keyword(s):  
Political Ecology ◽  
Epistemic Injustice ◽  
Cultural Resources ◽  
Spatial Processes ◽  
Indigenous Epistemologies ◽  
Law And Policy ◽  
The Face ◽  
Indigenous Human Rights ◽  
Legal Frameworks ◽  
Human Rights Standards

This work to articulate a geography of hope in the face of institutionalized epistemic injustice extends the emerging Indigenous political ecology approach through engagement with cultural resources law and policy. While Indigenous political ecology offers a framework to understand the context in which geographies of hope are created, geographies of hope are specific spatial processes that exemplify resilience, vision, and ingenuity in adverse circumstances. This paper focuses on such hopeful, place-based work to bring US and, specifically, California, cultural resources and repatriation law and policy into alignment with contemporary international Indigenous human rights standards. The Native and non-Native allies advocating for legal and political change are both focused on protecting particular places and their entwined epistemologies, and on altering processes of decision-making that privilege non-Indigenous epistemologies. Hope is specifically fostered in efforts to educate non-Native citizens on the continuities between past and present, in highlighting the efforts of Indigenous people working to care for and protect their heritage on/in/with the land, and in fostering legal frameworks that center justice.

Critical analysis of laws and policies for the prevention of petroleum pipeline vandalization in Nigeria

2021 ◽  
Vol 23 (4) ◽  
pp. 305-320
Author(s):  
Edward O. Okumagba
Keyword(s):  
Critical Analysis ◽  
Justice System ◽  
Critical Assessment ◽  
X Rays ◽  
Life Imprisonment ◽  
Production And Distribution ◽  
The Face ◽  
Laws And Policies ◽  
Legal Frameworks ◽  
Source Materials

The loss of an estimated $4.5 billion in 2020 by Nigeria to petroleum pipeline vandalism and crude oil theft has necessitated a critical assessment of the legal frameworks for the prevention of petroleum pipeline vandalism in Nigeria. This paper utilizes source materials relating to the title by examining the impacts of existing legal frameworks for the prevention of petroleum pipeline vandalization in Nigeria. It x-rays amongst others the provisions of sections 2 and 7 of the Petroleum Production and Distribution (Anti-Sabotage) Act and Miscellaneous Offences Act which imposes the death penalty and life imprisonment with the aim of deterring offenders without creating a court to try offenders. It reveals that in the face of such stringent sanctions, the activities of petroleum pipeline vandalism have continued unabated albeit a thriving business that is likely to arm the Nigerian economy in COVID-19 pandemic era. In addition, with an already perceived “compromised” criminal justice system, the paper concludes by advocating for change in policy strategy that will include the creation of a special court by amending existing legal frameworks to try offenders of the activities of petroleum pipeline vandalization.

Literary Prestige

2020 ◽  
pp. 63-70
Author(s):  
Claire Ducournau
Keyword(s):  
Political Environment ◽  
Cultural Resources ◽  
Literary Canon ◽  
Collège De France ◽  
Literary Heritage ◽  
The Status ◽  
The Face ◽  
Fourth Volume ◽  
Colonial Order

Literary recognition comprises a good part of the fourth volume of Les Lieux de mémoire, published in 1986. This essay proposes a postcolonial revisiting of literary institutions such as the Académie française or scholarly classics previously addressed in this volume – according to both the chronological and adversarial meanings of the term ‘postcolonial’. It reevaluates the status of those territories that were politically dominated outside the borders of the Hexagon within such realms of literary heritagization by expanding the edges of the nation as it had been envisioned. The French literary canon is home to a range of authors who accepted the colonial order as something that was not to be questioned, and even that should be vigorously defended, but also to writers who were inhabitants of (formerly) colonized territories. The marks of literary prestige obtained by authors from (ex)imperial territories, from the award of a Goncourt Prize to election to the Collège de France, are often determined by decisive conditions, such as the place of publication of literary works, the cultural resources of these writers, and the wider French political environment. This essay highlights the existence of silences and instances of marginalization in national literary heritage, as well as long-term demonstrations of resistance in the face of this colonial or neocolonial order.

2. Copyright 1: history, rationale, and policy context

2019 ◽  
pp. 31-50
Author(s):  
Abbe Brown ◽  
Smita Kheria ◽  
Jane Cornwell ◽  
Marta Iljadica
Keyword(s):  
Nineteenth Century ◽  
Historical Development ◽  
New Technologies ◽  
Rapid Development ◽  
Copyright Law ◽  
Policy Context ◽  
Law And Policy ◽  
Legal Frameworks ◽  
The Uk ◽  
The Eu

This chapter considers the evolution of modern copyright law against the background of its historical development in the UK and the international and European legal frameworks within which UK copyright law has been increasingly set since the nineteenth century. It examines the rationale and justifications for copyright and identifies the general policy context within which law and policy has developed in the UK and the EU. It also highlights the rapid development of new technologies which has brought copyright reform to the forefront in recent times, the difficulties which this new environment presents for the copyright framework, and how the framework has developed to such challenges.

scholarly journals Conservationist governmental technologies in the Western European mountains: the unfinished transformation of the Pyrenees

2010 ◽  
Vol 17 (1) ◽  
pp. 29
Author(s):  
Ismael Vaccaro ◽  
Oriol Beltran
Keyword(s):  
Political Ecology ◽  
Rural Areas ◽  
Public Policies ◽  
Mountain Range ◽  
Conservation Policies ◽  
The Face ◽  
Resources Conservation ◽  
European Mountains ◽  
And Control ◽  
The Impact

In this paper, using a political ecology framework, we examine the impacts of statemaking technologies in several areas of the Pyrenean mountain range, Spain. We describe processes of governmental territorialization in a European, non-colonial setting, stressing their effect on the conceptualization and management of natural resources. Conservation policies are a traditional locus of political ecology: as public policies devoted to natural resource management they embody the interaction between politics and ecology. The article has several analytical goals: a) to shift the emphasis of the political ecological analysis from an explanation of territorialization based on the tension between the first and third world, towards the impact of the conflictive relationship between cities and rural areas, b) to highlight the resilience and creativity of local agency in the face of massive political disruption in the form of public policies, c) to point out to the emergence of European policies and the new leisure economies as key elements of the contemporary reconstruction of the Western mountains, and d) underscore the unfinished character, or the ongoing nature, of the described process of political negotiation of rights of access and control of natural resources.Key Words: political ecology; Pyrenees; conservation; territorial control

Private law and the environment: nuisance in context

Legal Studies ◽  
1995 ◽  
Vol 15 (2) ◽  
pp. 236-259 ◽  
Author(s):  
Jenny Steele
Keyword(s):  
Environmental Change ◽  
Environmental Law ◽  
Tort Law ◽  
The Other ◽  
Private Law ◽  
Positive Potential ◽  
Law And Policy ◽  
Central Elements ◽  
The Face ◽  
Environmental Law And Policy

Private nuisance is, on the face of it, an old-fashioned tort, whose agrarian, antidevelopmental roots may make its contemporary relevance seem limited. On the other hand, both nuisance and Rylands v Fletcher hold obvious attractions for litigants whose interests have suffered as a result of environmental change. The potential apotheosis of nuisance into a ‘Toxic Tort’ presents tort lawyers and environmental lawyers with a number of pressing questions concerning the nature and scope of private law in this context.This article will seek to assess in outline the positive potential of tort law in this respect, but it will also be argued that there may nevertheless be real conflicts between the law of tort and central elements of environmental law. The nature of those potential conflicts can only be understood if we clarify the form (or forms) of liability effected by relevant torts, and here the tort of nuisance poses particular problems. Once clarified, however, I would suggest that these conflicts can contribute to debates, not just about tort law, but also about the basic aspirations of environmental law and policy.

The Outermost Small Islands of the Indonesian Archipelago: A Legal Analysis

2018 ◽  
Vol 33 (4) ◽  
pp. 706-767
Author(s):  
Dikdik Mohamad Sodik
Keyword(s):  
Small Islands ◽  
Legal Analysis ◽  
Environmental Preservation ◽  
Indonesian Archipelago ◽  
The Face ◽  
United Nations Convention ◽  
Legal Frameworks ◽  
And Function ◽  
Role And Function ◽  
Marine Environmental

Abstract This article analyses the Indonesian laws and regulations relating to the archipelago, including outermost small islands, according to 1982 United Nations Convention on the Law of the Sea. The article discusses the role and function of the outermost small islands in delimiting Indonesian maritime boundaries with its neighbouring States, the aspects of defence and security, as well as its utilization for public welfare and marine environmental preservation. Research presented in this article indicates that challenges remain in the face of implementing the legal frameworks. It offers some recommendations to address these problems.

Dynamics of Tourism Development and Resilience in the Medium Mountains of Portugal

2020 ◽  
pp. 263-282
Author(s):  
Gonçalo Poeta Fernandes
Keyword(s):  
Environmental Planning ◽  
Leisure Activities ◽  
Cultural Resources ◽  
Mountain Areas ◽  
Policy Interventions ◽  
Use Of Resources ◽  
Production And Consumption ◽  
The Face ◽  
Perceptual Changes ◽  
Recreation And Leisure

The mountain areas have seen a growing ecocultural and tourist appreciation in the face of natural and cultural resources and housing due to the perception of integrity and authenticity associated with them. However, in Portugal, specific territorial policy interventions as well as guidelines for concerted development of tourism have stayed away from the mountains. It appears that the practises of recreation and leisure are becoming wider, which implies new forms of tourism and environmental planning. These perceptual changes, and even occupation, mean that these areas, previously isolated and hostile due to natural constraints, today have a distinct ownership as a result of awareness and their opening to the outside. Increased accessibility, use of resources, dissemination of ecocultural values, the extension of recreation and leisure activities, and the increase of visitor flows have contributed to their revival as a space for production and consumption, associated with quality and integrity standards.

Part I International Refugee Law— Reflections on the Scholarly Field, Ch.4 Queering International Refugee Law

2021 ◽  
Author(s):  
Ferreira Nuno ◽  
Danisi Carmelo
Keyword(s):  
Policy Instruments ◽  
Host Countries ◽  
Refugee Law ◽  
Law And Policy ◽  
Asylum Law ◽  
International Refugee Law ◽  
And Gender ◽  
Legal Frameworks ◽  
Key Aspects ◽  
Relations Of Power

This chapter investigates the links between asylum law and policy and sexual orientation and gender identity (SOGI). Although human rights have been increasingly recognized irrespective of one’s SOGI at international, regional, and domestic levels, legal frameworks do not yet tackle violations of such rights effectively. As a result, members of SOGI minorities may be forced to flee their countries of origin, often making SOGI-based asylum claims in host countries. Since the inception of the Refugee Convention, there has been a continuous battle for recognition of SOGI claims within a system that was not designed with SOGI minorities in mind. The chapter thus explores key aspects of SOGI asylum that ultimately question the heteronormative relations of power in asylum law and highlights how legal and policy frameworks may be reformed. It considers how refugee law has been progressively queered, looking at the range of legal and policy instruments that play a role in this queering process. Finally, the chapter identifies the key actors that have contributed to the development of SOGI refugee law and assesses the specific needs of SOGI asylum claimants and refugees.

Changing Climate, Changing Culture: Adding the Climate Change Dimension to the Protection of Intangible Cultural Heritage

2011 ◽  
Vol 18 (3) ◽  
pp. 259-290 ◽  
Author(s):  
Hee-Eun Kim
Keyword(s):  
Climate Change ◽  
United Nations ◽  
Cultural Heritage ◽  
Indigenous People ◽  
Legal Protection ◽  
Intangible Cultural Heritage ◽  
Law And Policy ◽  
Adaptive Models ◽  
To Come ◽  
Legal Frameworks

AbstractThis article explores the interplay between climate change and cultural heritage, in particular the intangible aspects of cultural heritage, in international legal frameworks, either existing or under development. The prime focus of the current climate change regime of the United Nations Framework Convention on Climate Change (UNFCCC) is the reduction of greenhouse gas emissions, leaving certain aspects of cultural heritage rather on the sidelines of debate and policy. However, where climate change combines with generally weak law and policy for culture and traditions, countries vulnerable to climate change may face significant cultural loss in the years to come.In its inventory of present and contemplated legal protection options, this article draws particular attention to policymaking directed at shaping a “rights-based” system in the form of sui generis rights, to complement any existing intellectual property-based protection. If adequately motivated, indigenous people have a key role to play not only in observing change, but also in developing adaptive models to cope.

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