scholarly journals Colisão de Mundos: A Proteção Ambiental Internacional e a Cosmovisão Ameríndia l Clash of Worlds: The International Protection of the Environment and Amerindian Cosmovisions

2021 ◽  
Vol 10 (1) ◽  
pp. e58755
Author(s):  
Renan Moutropoulos Fortunato ◽  
Monique Maciel Barbosa
Keyword(s):  
International Law ◽  
Environmental Protection ◽  
Indigenous Peoples ◽  
International Protection ◽  
Earth Summit ◽  
The Earth ◽  
The World ◽  
Environment And Development ◽  
The One ◽  
Earth Charter

O texto tem como finalidade analisar o sistema de proteção ambiental internacional. A abordagem compara três visões sobre o tema: a) a criada por Estados no âmbito da ONU, calcada no conceito de desenvolvimento sustentável; b) uma visão crítica pós-estruturalista que desconstrói tal conceito; e c) a cosmovisão indígena brasileira sobre o meio ambiente. A intenção deste estudo é contrapor diferentes modos de concepção da natureza e suas implicações para a proteção ambiental. Portanto, pretende-se analisar a presença da visão indígena na Rio-92, a maior conferência sobre o tema. Para isso, lança-se mão de pesquisa bibliográfica e analisa-se a Carta da Terra - declaração de princípios éticos publicada na ocasião da Conferência Mundial dos Povos Indígenas sobre Território, Meio Ambiente e Desenvolvimento da Rio-92.Palavras-chave: Proteção ambiental; Cosmovisões ameríndias; DIP.ABSTRACTThis text aims to analyze the topic of environmental protection by comparing three visions about the theme. a) the one crafted by States within the UN system, based on the concept of “sustainable development”; b) a post-structuralist critical vision, which deconstructs that concept; and c) the Brazilian Amerindian cosmovisions over nature. This movement intends to contrast the different manners of conceiving nature and its consequences for environmental protection. So, the text seeks to assess the presence of the indigenous cosmovisions during the Earth Summit (1992), the most important summit on the topic. The research uses bibliographical research and a documental analysis of the Earth Charter of the Indigenous Peoples (a declaration of ethical principles published during the World Conference of Indigenous Peoples on Territory, Environment and Development, during the Earth Summit).Keywords: Environmental protection; Amerindian cosmovision; International law. Recebido em: 29/03/2021 | Aceito em: 05/08/2021. 

Is There a Place for Minorities' and Indigenous Peoples' Rights within ASEAN?: Asian Values, ASEAN Values and the Protection of Southeast Asian Minorities and Indigenous Peoples

2010 ◽  
Vol 17 (1) ◽  
pp. 75-110 ◽  
Author(s):  
Byung Sook de Vries ◽  
Anna Meijknecht
Keyword(s):  
Human Rights ◽  
Cultural Diversity ◽  
Indigenous Peoples ◽  
Culturally Diverse ◽  
Southeast Asian ◽  
Regional Level ◽  
Asian Values ◽  
Minority Protection ◽  
The World ◽  
The One

AbstractSoutheast Asia is one of the most culturally diverse regions in the world. Nevertheless, unlike minorities and indigenous peoples in Western states, minorities and indigenous peoples in Asia have never received much attention from politicians or legal scholars. The level of minority protection varies from state to state, but can, in general, be called insufficient. At the regional level, for instance, within the context of the Association of Southeast Asian Nations (ASEAN), there are no mechanisms devoted specifically to the protection of minorities and indigenous peoples. In December 2008, the ASEAN Charter entered into force. In July 2009 the Terms of Reference (ToR) for the ASEAN Inter-Governmental Commission on Human Rights were adopted. Both the Charter and the ToR refer to human rights and to cultural diversity, but omit to refer explicitly to minorities or indigenous peoples. In this article, the extent to which this reticence with regard to the protection of minorities and indigenous peoples is dictated by the concept of Asian values and ASEAN values is explored. Further, it is analysed how, instead, ASEAN seeks to accommodate the enormous cultural diversity of this region of the world within its system. Finally, the tenability of ASEAN's policy towards minorities and indigenous peoples in the light of, on the one hand, the requirements of international legal instruments concerning the protection of minorities and indigenous peoples and, on the other hand, the policies of the national states that are members of ASEAN is determined.

Between the utopian imaginaries of literature and international law: The question of the insurgent child in international legal discourse and Kris Montañez’s Youth

2021 ◽  
pp. 1-20
Author(s):  
José Duke S. Bagulaya
Keyword(s):  
Civil War ◽  
International Law ◽  
Legal Discourse ◽  
The State ◽  
The Other ◽  
State Of Exception ◽  
Utopian Vision ◽  
The World ◽  
Realistic Representation ◽  
The One

Abstract This article argues that international law and the literature of civil war, specifically the narratives from the Philippine communist insurgency, present two visions of the child. On the one hand, international law constructs a child that is individual and vulnerable, a victim of violence trapped between the contending parties. Hence, the child is a person who needs to be insulated from the brutality of the civil war. On the other hand, the article reads Filipino writer Kris Montañez’s stories as revolutionary tales that present a rational child, a literary resolution of the dilemmas of a minor’s participation in the world’s longest-running communist insurgency. Indeed, the short narratives collected in Kabanbanuagan (Youth) reveal a tension between a minor’s right to resist in the context of the people’s war and the juridical right to be insulated from the violence. As their youthful bodies are thrown into the world of the state of exception, violence forces children to make the choice of active participation in the hostilities by symbolically and literally assuming the roles played by their elders in the narrative. The article concludes that while this narrative resolution appears to offer a realistic representation and closure, what it proffers is actually a utopian vision that is in tension with international law’s own utopian vision of children. Thus, international law and the stories of youth in Kabanbanuagan provide a powerful critique of each other’s utopian visions.

II. The United States of Lyncherdom

Prospects ◽  
2000 ◽  
Vol 25 ◽  
pp. 139-150
Author(s):  
Mark Twain
Keyword(s):  
United States ◽  
The United States ◽  
The State ◽  
Single Sample ◽  
Chinese Christians ◽  
The Earth ◽  
The World ◽  
The One

And so Missouri has fallen, that great State! Certain of her children have joined the lynchers, and the smirch is upon the rest of us. That handful of her children have given us a character and labeled us with a name; and to the dwellers in the four quarters of the earth we are “lynchers,” now, and ever shall be. For the world will not stop and think – it never does, it is not its way; its way is to generalize from a single sample. It will not say “Those Missourians have been busy eighty years in building an honorable good name for themselves; these hundred lynchers down in the corner of the State are not real Missourians, they are bastards.” No, that truth will not enter its mind; it will generalize from the one or two misleading samples and say “The Missourians are lynchers.” It has no reflection, no logic, no sense of proportion. With it, figures go for nothing; to it, figures reveal nothing, it cannot reason upon them rationally; it is Brother J. J. infinitely multiplied; it would say, with him, that China is being swiftly and surely Christianized, since 9 Chinese Christians are being made every day; and it would fail, with him, to notice that the fact that 33,000 pagans are born there every day, damages the argument. It would J-J Missouri, and say “There are a hundred lynchers there, therefore the Missourians are lynchers;” the considerable fact that there are two and a half million Missourians who are not lynchers would not affect their verdict any more than it would affect Bro. J. J.'s.

scholarly journals Reparations — Legally Justified and Sine qua non for Global Justice, Peace and Security

2017 ◽  
Vol 9 (2) ◽  
Author(s):  
Nora Wittmann
Keyword(s):  
Economic System ◽  
International Law ◽  
Indigenous Peoples ◽  
Global Justice ◽  
Financial Compensation ◽  
The Earth ◽  
Human Habitat ◽  
Peace And Security ◽  
Illegal Acts

The paper assesses current rising reparations claims for the Maafa/ Maangamizi (‘African holocaust,’ comprising transatlantic slavery, colonialism and neo-colonialism) from two angles. First, it explores the connectivity of reparations and global justice, peace and security. Second, it discusses how the claim is justified in international law. The concept of reparations in international law is also explored, revealing that reparations cannot be limited to financial compensation due to the nature of the damage and international law prescriptions. Comprehensive reparations based in international law require the removal of structures built on centuries of illegal acts and aggression, in the forms of transatlantic slavery, colonialism and neo-colonialism. Reparations must also lead to the restitution of sovereignty to African and indigenous peoples globally. They are indispensable to halt the destruction of the earth as human habitat, caused by the violent European cultural, political, socio-economic system known as capitalism that is rooted in transatlantic slavery. 

scholarly journals Desecuritization as Displacement of Controversy: geopolitics, law and sovereign rights in the Arctic

Politik ◽  
2017 ◽  
Vol 20 (3) ◽  
Author(s):  
Marc Jacobsen ◽  
Jeppe Strandsbjerg
Keyword(s):  
Arctic Ocean ◽  
International Law ◽  
Indigenous Peoples ◽  
North Pole ◽  
The Other ◽  
The Arctic ◽  
The Arctic Ocean ◽  
Securitization Theory ◽  
The Media ◽  
The One

By signing the Ilulissat Declaration of May 2008, the five littoral states of the Arctic Ocean pre-emptively desecuritized potential geopolitical controversies in the Arctic Ocean by confirming that international law and geo-science are the defining factors underlying the future delimitation. This happened in response to a rising securitization discourse fueled by commentators and the media in the wake of the 2007 Russian flag planting on the geographical North Pole seabed, which also triggered harder interstate rhetoric and dramatic headlines. This case, however, challenges some established conventions within securitization theory. It was state elites that initiated desecuritization and they did so by shifting issues in danger of being securitized from security to other techniques of government. Contrary to the democratic ethos of the theory, these shifts do not necessarily represent more democratic procedures. Instead, each of these techniques are populated by their own experts and technocrats operating according to logics of right (law) and accuracy (science). While shifting techniques of government might diminish the danger of securitized relations between states, the shift generates a displacement of controversy. Within international law we have seen controversy over its ontological foundations and within science we have seen controversy over standards of science. Each of these are amplified and take a particularly political significance when an issue is securitized via relocation to another technique. While the Ilulissat Declaration has been successful in minimizing the horizontal conflict potential between states it has simultaneously given way for vertical disputes between the signatory states on the one hand and the Indigenous peoples of the Arctic on the other.

The poetics of learning in the texts of Gary Snyder

2004 ◽  
Author(s):  
Βασίλειος Σταυρόπουλος
Keyword(s):  
Alternative Education ◽  
Transfer Of Learning ◽  
Human Mind ◽  
Physical Work ◽  
Gary Snyder ◽  
Poetic Tradition ◽  
The Earth ◽  
The World ◽  
Essential Knowledge ◽  
The One

The aim of this dissertation is to explore how the poetics of Gary Snyder constitute a valuable source of learning transmitted through performance and orality. The ethnopoetic approach specifies the way learning occurs in the mythic and poetic universe of Snyder. Preparation for a hunt becomes a proposal for alternative education, while the function of the shaman-protopoet broadens the scope of learning in every dimension of the world, both on the realistic and supernatural planes. Snyder demonstrates the passing on of the practice through a grand performative parable of a father-to-son instruction which is realized in constant dialogue with the old masters, for the betterment of the community. There is a personal dimension of learning that takes place as a result of enlightenment, based on the poetic physiognomy of tools on the one hand, and physical work with work rhythm, on the other hand. The performance of nature facilitates the transfer of learning and provides a multiplicity of remarkable levels of consideration regarding its ability to generate essential knowledge. Moreover, learning is not withheld, but is transmitted back to the community that needs it, in order to define the “how to be” on this planet. Finally, applying the ecocritical approach I comment on the significance of "old song and tale,” which constitutes the inexhaustible reservoir of inspiration, the great literary “compost” in the American poetic tradition. The poet becomes a seeker of learning in the flux of natural events, which he studies as a kind of performative, ever-fresh text. The challenge for the poet, as this thesis desciibes, is to become worthy of the apocalyptic knowledge nature offers to the adept seekers of the learning that inhabits the realm of wild landscape of the earth and the human mind.

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