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Indigenous Rights in International Law: A Focus on Extraction in the Arctic

Date: 2021-01-01

Creator: Aine Healey Lawlor

Access: Open access

This paper seeks to evaluate the evolution and future of Indigenous rights in extractive industry on a global scale and uses the Arctic both to explore the complexity of these rights and to provide paths forward in advancing Indigenous self-determination. Indigenous rights lack a strong international foundation and are often dependent upon local and domestic regimes, yet this reality is currently shifting. The state of extraction internationally, particularly in the Arctic, is also facing major uncertainty in the coming decades as demand continues to rise. Indigenous rights and the rules governing extractive industry intersect because much of the world’s remaining mineral resources are on or near Indigenous territories and Indigenous communities are disproportionately impacted by the environmental degradation and socio-cultural consequences of extractive development. The Arctic is arguably the most important setting for the world’s future resource needs and is also home to many Indigenous peoples who operate in complex legal, political, and social webs. This paper argues that as a result of these dynamics, the Arctic offers opportunities to advance forms of non-traditional sovereignty and to promote recognition of Indigenous self-determination through diffusion and international norm development. This paper proposes a multi-faceted approach to further promote Indigenous rights on the international level which involves using the Arctic Council as a platform for diffusion, the US ratification of UNDRIP, the creation of standards and guidelines for transnational corporations in development projects, and investment in Indigenous communities to support Indigenous empowerment, advocacy, and voices.


Stolen Future, Broken Present: The Human Significance of Climate Change

Date: 2014-01-01

Creator: David A Collings

Access: Open access

This book argues that climate change has a devastating effect on how we think about the future. Once several positive feedback loops in Earth’s dynamic systems, such as the melting of the Arctic icecap or the drying of the Amazon, cross the point of no return, the biosphere is likely to undergo severe and irreversible warming. Nearly everything we do is premised on the assumption that the world we know will endure into the future and provide a sustaining context for our activities. But today the future of a viable biosphere, and thus the purpose of our present activities, is put into question. A disappearing future leads to a broken present, a strange incoherence in the feel of everyday life. We thus face the unprecedented challenge of salvaging a basis for our lives today. That basis, this book argues, may be found in our capacity to assume an infinite responsibility for ecological disaster and, like the biblical Job, to respond with awe to the alien voice that speaks from the whirlwind. By owning disaster and accepting our small place within the inhuman forces of the biosphere, we may discover how to live with responsibility and serenity whatever may come. (Publisher's Description) Freely available online at: http://dx.doi.org/10.3998/ohp.12832550.0001.001