Suchergebnisse

Two Australian court cases regarding Aboriginal claimants' accusations of cultural violence & Patrick White's novel Voss (1957) are analyzed to understand the Australian judiciary's decisions regarding the Australian government's capacity to protect the rights of Aboriginal people. An overview of Mabo v. Queensland [No. 2] (1992) is presented, illustrating the Australian judiciary's reasoning behind its contention that the government cannot prevent the "tide of history" from taking place. After reviewing the claims & outcomes in the cases Nulyrimma v. Thompson (1999) & Buzzacott v. Hill (1999), it is contended that Australian law possesses a distinctively European understanding of cultural genocide, individuality, & moral capacity. White's novel is then explored, demonstrating that the work's protagonist, who is modeled on the 19th-century German explorer Leichardt, is similarly disinclined to take responsibility for interracial violence that occurs between white settlers & Aboriginal peoples. The study's implications for Australia's Aboriginal people & Australian law are also considered; eg, the "tide of history" argument will persist in relevant Australian judicial decisions. 23 References. J. W. Parker

"This handbook brings together diverse perspectives, major topics and multiple approaches to one of the biggest legal institutions in society: property. Property touches on many fundamental human questions. It involves decisions about power, economy, morality, work and ecology. And involves ideas about where humans fit in the world and how humans relate to more-than-human life. This book will ask in myriad ways such questions as: what property means, what kinds of property there are, what is and should be the relationship between owned and owner, and what is the impact of different forms of property on life in this world? Drawing on a range of socio-legal and empirical methodologies, renowned scholars, and rising stars in property from around the world present current issues and map future directions in research. Coming from the place of law but reaching out through cognate disciplines, this handbook provides a comprehensive and accessible survey of current research at the interface of property, society and the environment. This handbook will appeal to students and researchers across a range of disciplines including law, sociology, geography, history, and economics"--

"The international legal framework for valuing the carbon stored in forests, known as 'Reducing Emissions from Deforestation and Forest Degradation' (REDD+), will have a major impact on indigenous peoples and forest communities. The REDD+ regime contains many assumptions about the identity, tenure and rights of indigenous and local communities who inhabit, use or claim rights to forested lands. The authors bring together expert analysis of public international law, climate change treaties, property law, human rights and indigenous customary land tenure to provide a systemic account of the laws governing forest carbon sequestration and their interaction. Their work covers recent developments in climate change law, including the Agreement from the Conference of the Parties in Paris that came into force in 2016. The Impact of Climate Change Mitigation on Indigenous and Forest Communities is a rich and much-needed new contribution to contemporary understanding of this topic"--

As energy innovation becomes imperative for the environment and energy security, the law must be fleet-footed to evolve in an unwieldy area of policy. This much-needed text assembles experts to analyse the most recent developments, and to postulate how human rights, sustainable development, and the eradication of energy poverty could be achieved

Energy justice has emerged over the last decade as a matter of vital concern in energy law, which can be seen in the attention directed to energy poverty, and the United Nations Sustainable Development Goals. There are energy justice concerns in areas of law as diverse as human rights, consumer protection, international law and trade, and in many forms of regional and national energy law and regulation. This edited collection explores in detail at four kinds of energy justice. The first, distributive justice, relates to the equitable distribution of the benefits and burdens of energy activities, which is challenged by the existence of people suffering from energy poverty. Secondly, procedural (or participation) justice consists of the right of all communities to participate in decision-making regarding energy projects and policies that affect them. This dimension of energy justice often includes procedural rights to information and access to courts. Under the concept of reparation (or restorative) justice, the book looks at even-handed enforcement of energy statutes and regulations, as well as access to remedies when legal rights are violated. Finally, the collection addresses social justice, with the recognition that energy injustice cannot be separated from other social ills, such as poverty and subordination based on race, gender, or indigeneity. These issues feed into a wider conversation about how we achieve a 'just' energy transition, as the world confronts the urgent challenges of climate change