scholarly journals The Regulation of Natural Resources Law in Australia for Indigenous People

2020 ◽  
Vol 2 (2) ◽  
pp. 99-117
Author(s):  
Ros Vickers
Keyword(s):  
Natural Resources ◽  
Indigenous People ◽  
Environmental Law ◽  
Economic Value ◽  
Regulatory System ◽  
Indigenous Rights ◽  
Special Relationship ◽  
Sacred Sites ◽  
Environmental Laws ◽  
Western Values

Natural resources law in Australia seeks to regulate, protect and conserve natural resources, while providing consideration to the economic value of projects and permit activities to occur. The same environmental laws apply to indigenous peoples as well as other members of the public in Australia. However the recognition of native title rights and sacred sites through legislation can acknowledge the special relationship that indigenous people have with the environment through traditional laws and customs. Indigenous people have a special relationship with their environment that does not easily fall within categories of western values of the environment, and for this reason there is often tension between the common law legal system and indigenous people. While there has been significant process working towards a more harmonious regulatory system of natural resources, there is still work to be done. This paper will outline the structure of indigenous rights impacting natural resource regulation in Australia, focusing on the Northern Territory, and will examine the origins of environmental law and indigenous rights

scholarly journals PEMBANGUNAN BERKELANJUTAN MENJADI DASAR TERINTEGRASI DALAM PEMBANGUNAN SUATU WILAYAH BERDASARKAN UNDANG-UNDANG NO. 32 TAHUN 2009 TENTANG PERLINDUNGAN DAN PENGELOLAAN LINGKUNGAN HIDUP

LEGALITAS ◽  
2020 ◽  
Vol 5 (1) ◽  
pp. 65
Author(s):  
Farahwati Farahwati
Keyword(s):  
Environmental Management ◽  
Sustainable Development ◽  
Law Enforcement ◽  
Natural Resources ◽  
Natural Environment ◽  
Environmental Law ◽  
Development Planning ◽  
Environmental Laws ◽  
Judicial Procedures ◽  
Environmentally Sound

The environment on earth as regulated in Law No. 32 of 2009concerning Environmental Protection and Management, thatenvironmental management consists of the natural environment inaccordance with the understanding of ecosystem life and socialenvironment that is illustrated by the existence of human groups both insociety and in families and refers to the understanding of humanity(humanism), so that includes understanding about between nations,interregion and the built environment (originally thought to be man-made;man-made environment).Development needs to pay attention to environmental conditionsthat exist from the physical side (soil, water, air), biotics (flora, fauna),and culture (culture, interactions between people). Environmental qualityconditions will tend to continue to decline if not balanced with the conceptof sustainable development planning in an effort to preserve the existingenvironmental functions.The implementation of environmentally sound development and thecontrolled use of natural resources wisely is the main objective ofenvironmental management. Sustainable development is very closelyrelated to environmental management programs and policies.The nature of environmental law enforcement in sustainabledevelopment covers all environmental law systems with the aim ofprotecting and properly managing the environment and is an activity toimplement and apply just environmental laws and take legal actionagainst any violations or deviations of law committed by legal subjectseither through judicial procedures or through non-judicial procedures.Legal norms are the most dominant rules that are enforced with powerand for their violations subject to certain sanctions that have beenestablished by the State.

ETHNOVETERINARY MEDICINAL USES OF SOME MEDICINAL PLANTS ON PNEUMONIA BY THE GUJJAR AND PAHARI TRIBES OF POONCH DISTRICT OF JAMMU AND KASHMIR

2017 ◽  
Vol 23 (2) ◽  
Author(s):  
JAMIL AHMED KHAN ◽  
RAJINDER PAUL
Keyword(s):  
Health Care ◽  
Medicinal Plants ◽  
Medicinal Plant ◽  
Natural Resources ◽  
Indigenous People ◽  
Health Care Facilities ◽  
Jammu And Kashmir ◽  
Medicinal Uses ◽  
Modern Health Care ◽  
Care Facilities

Poonch district of Jammu and Kashmir is a reservoir of enormous natural resources including the wealth of medicinal plants. The present paper deals with 12 medicinal plant species belonging to 8 genera of angiosperms used on pneumonia in cattle such as cows, sheep, goats and buffaloes in different areas of Poonch district. Due to poverty and nonavailability of modern health care facilities, the indigenous people of the area partially or fully depend on surrounding medicinal plants to cure the different ailments of their cattles. Further research on modern scientific line is necessary to improve their efficacy, safety and validation of the traditional knowledge.

Protecting Natural Resources

2018 ◽  
Author(s):  
Jérémie Gilbert
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
Natural Resources ◽  
Environmental Law ◽  
Legal Framework ◽  
Human Rights Law ◽  
International Environmental Law ◽  
Conservation Of Natural Resources ◽  
The Relationship ◽  
Do So

This chapter focuses on the connection between the international legal framework governing the conservation of natural resources and human rights law. The objective is to examine the potential synergies between international environmental law and human rights when it comes to the protection of natural resources. To do so, it concentrates on three main areas of potential convergence. It first focuses on the pollution of natural resources and analyses how human rights law offers a potential platform to seek remedies for the victims of pollution. It next concentrates on the conservation of natural resources, particularly on the interconnection between protected areas, biodiversity, and human rights law. Finally, it examines the relationship between climate change and human rights law, focusing on the role that human rights law can play in the development of the current climate change adaptation and mitigation frameworks.

scholarly journals Indigenous People, Organized Crime and Natural Resources: Borders, Incentives and Relations

2021 ◽  
Author(s):  
Daan P. van Uhm ◽  
Ana G. Grigore
Keyword(s):  
Natural Resources ◽  
Indigenous People ◽  
Organized Crime ◽  
Indigenous Communities ◽  
Economic Incentives ◽  
Environmental Harm ◽  
Criminological Perspective ◽  
History Of ◽  
Organized Crime Groups ◽  
Criminal Groups

AbstractThis article explores the relationship between the Emberá–Wounaan and Akha Indigenous people and organized crime groups vying for control over natural resources in the Darién Gap of East Panama and West Colombia and the Golden Triangle (the area where the borders of Laos, Myanmar (Burma), and Thailand meet), respectively. From a southern green criminological perspective, we consider how organized crime groups trading in natural resources value Indigenous knowledge. We also examine the continued victimization of Indigenous people in relation to environmental harm and the tension between Indigenous peoples’ ecocentric values and the economic incentives presented to them for exploiting nature. By looking at the history of the coloniality and the socioeconomic context of these Indigenous communities, this article generates a discussion about the social framing of the Indigenous people as both victims and offenders in the illegal trade in natural resources, particularly considering the types of relationships established with dominant criminal groups present in their ancestral lands.

scholarly journals The Impact of Sustainability Awareness and Moral Values on Environmental Laws

2021 ◽  
Vol 13 (11) ◽  
pp. 5882
Author(s):  
Rita Yi Man Li ◽  
Yi Lut Li ◽  
M. James C. Crabbe ◽  
Otilia Manta ◽  
Muhammad Shoaib
Keyword(s):  
Sustainable Development ◽  
Developing Countries ◽  
Environmental Law ◽  
Developed Countries ◽  
Moral Values ◽  
Web Pages ◽  
Environmental Legislation ◽  
Environmental Laws ◽  
Academic Publications ◽  
The Impact

We argue that environmental legislation and regulation of more developed countries reflects significantly their moral values, but in less developed countries it differs significantly from their moral values. We examined this topic by using the keywords “sustainability” and “sustainable development”, studying web pages and articles published between 1974 to 2018 in Web of Science, Scopus and Google. Australia, Zimbabwe, and Uganda were ranked as the top three countries in the number of Google searches for sustainability. The top five cities that appeared in sustainability searches through Google are all from Africa. In terms of academic publications, China, India, and Brazil record among the largest numbers of sustainability and sustainable development articles in Scopus. Six out of the ten top productive institutions publishing sustainable development articles indexed in Scopus were located in developing countries, indicating that developing countries are well aware of the issues surrounding sustainable development. Our results show that when environmental law reflects moral values for betterment, legal adoption is more likely to be successful, which usually happens in well-developed regions. In less-developed states, environmental law differs significantly from moral values, such that changes in moral values are necessary for successful legal implementation. Our study has important implications for the development of policies and cultures, together with the enforcement of environmental laws and regulations in all countries.

scholarly journals Amazonía: cambio de la comprensión de la territorialidad al interior del territorio waorani (Los derechos indígenas)/ Amazon: change of the understanding of the territoriality to the interior of the waorani territory (indigenous rights)

2017 ◽  
pp. 41
Author(s):  
Iván Tarcicio Narváez Quiñónez
Keyword(s):  
Natural Resources ◽  
Environmental Impacts ◽  
National Park ◽  
Indigenous Rights ◽  
The State ◽  
Agricultural Frontier ◽  
Cultural Integrity ◽  
Yasuni National Park ◽  
Indigenous Territories ◽  
Negative Impacts

La colonización dirigida, espontánea y estratégica, además de la permanente ampliación de la frontera agrícola para la extracción de recursos naturales, han determinado el uso y zonificación del espacio amazónico en los últimos 50 años. Las drásticas huellas socio-económicos, culturales y ambientales generadas por estos procesos han impactado negativamente la vida de los pueblos ancestrales y la naturaleza. Una consecuencia drástica es el cambio de la comprensión de la territorialidad en el interior de los territorios indígenas, y de la percepción que de aquel cambio tienen el Estado y los actores asentados en el entorno territorial comunitario. El presente estudio aborda el caso del pueblo waorani e inquiere cómo la ampliación de la frontera extractiva intensificaría los impactos negativos del proceso de desterritorialización en el Parque Nacional Yasuní, poniendo en mayor riesgo la integridad física y cultural de los de los pueblos que viven en aislamiento voluntario: Tagaeri y Oñamenane u otros de los cuales no se tiene referencia.   Abstract Targeted, spontaneous and strategic colonization, in addition to the permanent expansion of the agricultural frontier for the extraction of natural resources, has determined the use and zoning of the Amazonian space in the las 50 years. The drastic socioeconomic, cultural and environmental impacts generated by these processes have impated negatively the life of the ancestral peoples and nature. A drastic consequence is the change of the understanding of the territoriality in the interior of the indigenous territories, and the perception that the state and the actors settled in the community territorial environment have of that change. This study addresses the case of the Waorani people and inquires how the expansion of the extractive frontier would intensify the negative impacts of the process of decentralization in the Yasuní National Park, putting at greater risk the physical and cultural integrity of the peoples living in voluntary isolation: Tagaeri and Onamenane or others of which there is no reference.

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.

scholarly journals Indigenous Rights and Multilevel Governance: Learning From the Northwest Territories Water Stewardship Strategy

2018 ◽  
Vol 9 (2) ◽  
Author(s):  
Alex Latta
Keyword(s):  
Natural Resources ◽  
Northwest Territories ◽  
Indigenous Peoples ◽  
Water Policy ◽  
Indigenous Rights ◽  
The State ◽  
Multilevel Governance ◽  
Resource Governance ◽  
Effective Collaboration ◽  
Over Time

States’ increasing recognition of Indigenous rights in the realm of natural resources has led to a variety of co-management arrangements and other forms of melded authority, evolving over time into increasingly complex governance relationships. This article takes up such relationships within the analytical frame of multilevel governance, seeking lessons from the experiences of Indigenous involvement in water policy in Canada’s Northwest Territories (NWT). It examines the way that effective collaboration in resource governance can emerge within the space of tension between evolving Indigenous rights regimes and the continued sovereignty of the state. At the same time, the analysis raises questions about whether multilevel governance can contribute to meaningful decolonization of relationships between settler states and Indigenous Peoples.

scholarly journals Strategi Pengakuan dan Perlindungan Hak-Hak Masyarakat (Hukum) Adat: Sebuah Pendekatan Sosio-Antropologis

2016 ◽  
Vol 2 (2) ◽  
pp. 133 ◽  
Author(s):  
R Yando Zakaria
Keyword(s):  
Indigenous People ◽  
Indigenous Peoples ◽  
Indigenous Rights ◽  
Local Communities ◽  
Local Regulation ◽  
Field Level

Abstract: Arizona (2015b) reported that in the last mid-2015, there were lots of local regulation products intended as instruments to recognize the rights of indigenous people. Eventhough 40% of these products contain arrangements of the area, lands and communal forests, in reality, total area that have been effectively possessed by local communities were insignificant. According to Arizona (2015a), this condition occurred because the advocacy agenda trapped by the complexity of the diversity of the subjects and objects of the indigenous rights to be recognized and protected. This article was not about to argue that conclusion. However, this paper believes that the trap of complexity and diversity of the subjects and objects of the recognition of indigenous rights was enabled by three factors. First, the stakeholders within those complexity of definition came from generic concepts; second, failed to approach subjects and objects of the rights as a socio-antrophology reality at field level; and third, this problem was worsen by the stakeholders that barely have a proven instrument in finding sociological-anthropological reality. This article aims to fill those gaps. Keywords : Strategy, Recognition, Indigenous Peoples, socio-anthropologicalIntisari: Arizona (2015b) melaporkan bahwa tengah tahun 2015 lalu ada banyak produk hukum daerah yang dimakudkan sebagai instrument hukum pengakuan hak-hak masyarakat adat. Namun, meski 40% produk hukum daerah itu berisi pengaturan tentang wilayah, tanah dan hutan adat, di tingkat lapangan, total luas yang telah benar-benar efektif dikuasi masyarakat adat relatif sangat sedikit. Menurut Arizona (2015a), hal itu terjadi, antara lain, agenda advokasi terjebak oleh kerumitan keragaman subyek dan obyek hak-hak adat yang akan diakui dan dilindungi. Tulisan ini tak hendak membantah kesimpulan itu. Namun, tulisan ini percaya bahwa jebakan kerumitan keragaman subyek dan obyek pengakuan hak-hak masyarakat adat itu dimungkinkan oleh tiga hal. Pertama, para-pihak terjebak dengan perdebatan definisi dari beberapa konsep yang memang bersifat generik; kedua, alpa mendekati subyek dan obyek hak itu sebagai realitas sosio-antropologis di tingkat lapangan; dan ketiga, masalah ini diperumit oleh para-pihak nyaris tidak memiliki instrument yang teruji dalam menemukan realitas sosiologis-antropologi dimaskud. Tulisan ini disusun untuk mengisi kekosongan-kekosongan itu. Kata Kunci: Strategi, Pengakuan, Masyarakat Hukum Adat, sosio-antropologis

Sustainable Consumption and Production: An Analysis of Implementation of Pakistan’s Policy Framework of SDG-12

2020 ◽  
Vol 4 (1) ◽  
pp. 114-129
Author(s):  
Noor Fatima ◽  
Imran Ashraf ◽  
Sania Zehraa
Keyword(s):  
Natural Resources ◽  
Environmental Sustainability ◽  
Industrial Development ◽  
Action Plan ◽  
Sustainable Consumption ◽  
Regulatory System ◽  
Secondary Data ◽  
Policy Framework ◽  
Primary Data ◽  
Sustainable Consumption And Production

The sustainable consumption and production is crucially relevant for Pakistan, given the massive degradation and depletion of natural resources due to the population explosion – and agricultural and industrial development pursued without regard for environmental sustainability. Freshwater availability has declined and quality of drinking water has deteriorated, leading to increase in water-borne diseases. The decaying water infrastructure results in a 40pc water loss in conveyance from dams to farms, for agricultural development. Industrial, agricultural, and household chemicals are freely imported and used without any regulatory system. Massive depletion of natural resources has meant the cutting of trees, resulting in increased timber imports. Pakistan National Action Plan (PNAP) was developed in May 2017 to achieve the sustainable goal particularly goal 12, which is about Sustainable Consumption and Production (SCP). This paper focuses on the ingenious activity and strategy devised in the PNAP for the preparedness, implementation and monitoring of the SDG-12, as National Developmental Agenda of Pakistan. Utilizing library research methods, the major material used for this research is qualitatively collected by analyzing the contents of documents. For primary data, government documents have been consulted. Whereas the secondary data has been collected from books and articles available on the theme.

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