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Reconciling the Dual Worldviews of Ancient Wisdom and Modernity: Collaborative-Learning Implications for Future Discourse
In: Journal of environmental law & policy, Band 3, Heft 2, S. 55-83
ISSN: 2564-016X
Science, climate change and traditional (or local) knowledge have been at the forefront of many academic and non-academic debates attempting to find discernible or explainable commonalities that exist between opposing worldviews (traditional knowledge/indigenous science vs. Western or Eurocentric Science). Ancient wisdom and modernity have seen their share of controversies over the past decade or more and, in particular, attended by many authors and scientists to explore these two important perspectives. This paper attempts to situate traditional knowledge and modern science by exploring the duality of ancient wisdom and modernity, and, in doing so, creates a better understanding of the importance of these opposing worldviews and how science ancient wisdom and technology/modernism can be interpreted and understood. The paper further explores meaningful interdisciplinary perspectives on how to explain coincidental relationships, components of bridging traditional knowledge/local knowledge (TK/LK) and transforming the compartmentalized view of science within a more holistic understanding of traditional ways of knowing. Lastly, merging Western or Eurocentric Sciences with Traditional Science has important policy implications that justify social-legitimacy through collaborative learning (CL) and integrating system thinking and conflict management.
Intangible Losses, Damages and At-Risk Settlements: The Extent of Causality and Burden of Proof for Climate Related Loss and Damage in the Fiji Islands
In: Journal of environmental law & policy, Band 3, Heft 1, S. 108-131
ISSN: 2564-016X
In this article, a plethora of social, cultural, legal and policy related remedies for harm caused by climate related loss and damage (L&D) were examined, particularly in rural and remote Fiji Islands. The meaning of loss and damage, and its relationship to climate mitigation and adaptation, was discussed. The concept of causality and attempt are considered to expose some criteria that the law uses to test causation in the hope to subject these to a much-needed discussion of climate change and causation affecting international law, domestic law, and climate science. A probabilistic event attribution (PEA) is explored having crucial implications in the development of PEA. When vulnerabilities and thresholds are known, changing risks can be calculated ex ante and, therefore, changing risks can be forecasted. The improvement of the methods allows geographically very specific events to be anticipated and, thus, appropriate adaptation measures can be designed. It is considered (at a conceptual level) how those harmed by loss and damage in Fiji from human-induced climate change may pursue remedies against those who have contributed to the harm. Finally, this article explores what that evidence needs to be (extent of causality and burden of proof) for loss and the damages to be awarded. It is concluded by highlighting the values of probabilistic event attribution (PEA), and how vulnerabilities in Fijian communities continue to be a deep concern. Further work needs to be done with respect to social, cultural, and biological interconnectivity that concretely underlines the importance of climate change and how it diminishes well-being and cultural integrity of Indigenous people by affecting endemic plant species. Disaster Risk Reduction (DRR) needs to be cognizant of social and cultural implications of forced migration. Causality and burden of proof within the legal context has its built-in complexities and, hence, it needs further research.