Between Ecology and Indigeneity

In his recent book, Replenishing the Earth, James Belich attempts to explain the explosive growth of the Anglo-settler colonies of North America and Australasia during the period from the late eighteenth to the early twentieth centuries, commonly referred to as the long nineteenth century. Curiously, however, while both may be seen to be important, Belich does not appear to take into account either nuances of the concept of settler colonialism articulated by settler colonial scholars or the central role that colonial law and legal institutions may have played in settler revolutions of the long nineteenth century. At the same time, many legal historians, including most recently Lauren Benton (in A Search for Sovereignty) and Lisa Ford (in Settler Sovereignty), have covered many of the same colonies as Belich in efforts to explain the outcome of intensifying attempts made to assert sovereignty and legal jurisdiction over Indigenous peoples during the course of the long nineteenth century. However, the transcolonial narratives (or more ‘global stories’) offered in these studies give little attention to either Belich's account of the growth of Anglo-settler societies or the potential added insights that can be gained by taking into account some of the key ideas and arguments advanced by leading settler colonial scholars, including most notably Patrick Wolfe and Lorenzo Veracini. In the following paper, an attempt is made to encapsulate and integrate the key ideas that emerge from these different literatures into an analytical framework for guiding research aimed at explaining the dispossession of Indigenous peoples through law in the long nineteenth century and the continuing contested assertion of sovereignty and criminal law jurisdiction over Indigenous peoples in settler colonial societies today. In this effort, particular attention is given to drawing out what recent leading settler colonial scholars say and imply about settler colonialism and its legacies, including the ongoing nature of ‘deep colonizing’ through law and other means of Indigenous ‘elimination’, and the continuing attempts made by Indigenous peoples to resist and counter such eliminatory efforts.

Since launching in the UK in 2018, Extinction Rebellion (XR) has become a global social movement that uses mass civil disobedience to pressure governments to take immediate action on the climate crisis. While XR has shifted the conversation on climate change, it has also been critiqued for its lack of attention to privilege and oppression, and for its ‘apolitical’ approach to climate organizing. In this article, we argue that XR must develop an intersectional approach in order to address the climate crisis. In particular, we reflect on our experiences as participants in XR-Vancouver, located on unceded Indigenous territory in the settler colonial state of Canada. Settler colonialism in Canada is intertwined with the climate and ecological crises, as Canada's status as a petrostate is built on the dispossession of Indigenous Peoples through a strategy of racial extractivism. To attend to these dynamics, we build on Kyle Powys Whyte's concept of ‘decolonizing allyship’ and suggest three ethics – of relational accountability, care, and incommensurability – that settler-led movements like XR can cultivate. We conclude by inviting XR to (re)engage with a ‘politics of refusal’ that subverts the state and allows XR to collectively enact what different systems (rooted in intersectional, decolonizing allyship) could look like.

Toward an Ethics of Decolonizing Allyship in Climate Organizing: Reflections on Extinction Rebellion Vancouver

Objective: This research aims to examine the construction of Disaster Law, focusing on the allocation of responsibility to private entities and its correlation with Human Rights, Business Law, and Environmental Law spheres. The study intends to clarify the emerging inclusion of human rights, business law, and environmental law as indispensable aspects within the realm of Disaster Law. Method: The research adopts a dialectical method, employing bibliographic and normative analysis to elucidate the integration of human rights, business law, and environmental law as essential components in Disaster Law. Existing documents from international agencies and programs that encompass the legal aspects of environmental disasters will be examined and analyzed to achieve the research objectives. Results: The analysis will shed light on the premises of Disaster Law in alignment with environmental rights and human rights. The research seeks to initiate discussions on the development of a comprehensive legal framework for disasters, encompassing responsibilities of both public and private entities, with the aim of safeguarding inherent human rights. Conclusions: The urgent need for discussions on the establishment of Disaster Law, holding both public and private entities accountable, and ensuring the protection of human rights justifies the significance of this research. By exploring the interconnections between Disaster Law, Human Rights, Business Law, and Environmental Law, this study contributes to the construction of a comprehensive legal framework that addresses the challenges posed by environmental disasters.

Objective: This research aims to examine the construction of Disaster Law, focusing on the allocation of responsibility to private entities and its correlation with Human Rights, Business Law, and Environmental Law spheres. The study intends to clarify the emerging inclusion of human rights, business law, and environmental law as indispensable aspects within the realm of Disaster Law. Method: The research adopts a dialectical method, employing bibliographic and normative analysis to elucidate the integration of human rights, business law, and environmental law as essential components in Disaster Law. Existing documents from international agencies and programs that encompass the legal aspects of environmental disasters will be examined and analyzed to achieve the research objectives. Results: The analysis will shed light on the premises of Disaster Law in alignment with environmental rights and human rights. The research seeks to initiate discussions on the development of a comprehensive legal framework for disasters, encompassing responsibilities of both public and private entities, with the aim of safeguarding inherent human rights. Conclusions: The urgent need for discussions on the establishment of Disaster Law, holding both public and private entities accountable, and ensuring the protection of human rights justifies the significance of this research. By exploring the interconnections between Disaster Law, Human Rights, Business Law, and Environmental Law, this study contributes to the construction of a comprehensive legal framework that addresses the challenges posed by environmental disasters.

Objective: This research aims to examine the construction of Disaster Law, focusing on the allocation of responsibility to private entities and its correlation with Human Rights, Business Law, and Environmental Law spheres. The study intends to clarify the emerging inclusion of human rights, business law, and environmental law as indispensable aspects within the realm of Disaster Law. Method: The research adopts a dialectical method, employing bibliographic and normative analysis to elucidate the integration of human rights, business law, and environmental law as essential components in Disaster Law. Existing documents from international agencies and programs that encompass the legal aspects of environmental disasters will be examined and analyzed to achieve the research objectives. Results: The analysis will shed light on the premises of Disaster Law in alignment with environmental rights and human rights. The research seeks to initiate discussions on the development of a comprehensive legal framework for disasters, encompassing responsibilities of both public and private entities, with the aim of safeguarding inherent human rights. Conclusions: The urgent need for discussions on the establishment of Disaster Law, holding both public and private entities accountable, and ensuring the protection of human rights justifies the significance of this research. By exploring the interconnections between Disaster Law, Human Rights, Business Law, and Environmental Law, this study contributes to the construction of a comprehensive legal framework that addresses the challenges posed by environmental disasters.

This chapter discusses the environmental law and policy concerning Australian rangeland. Nearly 75 percent of Australia is rangeland. The majority of the land has been leased to users under various ‘pastoral’ Acts. Administrative responsibility lies with State and Territory governments. The approach taken by the Commonwealth, State and Territory governments to the development of law and policy concerning rangeland has lacked sustainable land management objectives. Numerous government inquiries have not been able to achieve a uniform approach to the natural resources law and policy to combat land degradation, the effects of land clearing and habitat loss. An essential component for, and progress toward rangeland sustainability can be achieved with environmental policy and law that gives specific attention to the ecological characteristics of rangeland and their sustainable limits. This paper examines existing legislation and policy and proposes an environmental law alternative to achieve sustainable land use.

The article examines the ecological and legal component of criminal offenses under martial law, since the risk of man-caused accidents and ecological disasters, which threaten security, including environmental and human ones, as well as international legal order, is increasing owing to aggressor-country army’s deliberate actions. It has been argued that the consequences of the military conflict for the environment, human life and health are already considered catastrophic. It has been proven that the ecological crisis should be recognized as an existential threat to the national security of Ukraine. Pressing issues of forming interdisciplinary (synergistic) connections between environmental and criminal law science and other areas of scientific knowledge have been covered. Considering the outlined problem is becoming of a significant relevance due to the fact that certain criminal offenses cause damage to the environment, thus, leading to its destruction. It is a matter of such criminal offence compositions as laws of the war violation (Article 438 of the Criminal Code of Ukraine (CCU) and ecocide (Article 441 of the CCU)). The expediency of improving the current criminal legislation and legal liability mechanism, which would satisfy the proportionality requirement, namely commensurate punishment of severity and consequences of the committed acts, has been substantiated. The expediency of further criminal law prohibition of ecocide in the new CCU Draft has been motivated, taking into account the degree of social danger as well as the severity of large-scale and long-term consequences for the environment and the entire humanity. It has been proven that the state’s environmental function to ensure environmental security, fundamental constitutional environmental rights of citizens, as well as to maintain ecological balance and sustainable development on Ukraine’s territory should become today’s narrative, with the environmental security component to be further included into the sectoral state restoration programs in order to form a new environmental law under martial law both for Ukraine and European countries. Based on our own conclusions and generalizations, proposals and recommendations for improving the current national legislation and greening the sectoral national policy components have been provided. It has been argued that legal mechanisms for fixing and determining the amount of environmental damage caused to natural resources and complexes as a result of armed aggression and hostilities under martial law should be established at the legislative level. environmental safety, environmental damage, environmental damage, environmental right protection, country’s natural resource potential restoration, severity of consequences, state’s environmental function, environmental and legal conflictology

<p>Employing critical autoethnography, I meet my other to explore how I am implicated in the dispossession of Indigenous Peoples by my contradictory roles as a disruptor and facilitator of settler-colonialism through my activisms and frontline work with LGBTQ+ refugees. Their resettlement process is termed ‘re-queering’, of their already queer bodies, through state mechanisms. Re-queering projects them into the exploitative market as docile homonationalists. This process fortifies Canada as a ‘safe haven’ and legitimizes settler-colonialism. </p> <p>Based on my experiences of racism and homophobia and my work, I critique how capitalism puts us to work. All our actions – including queer rights movements based on identity politics – are transformed into ventures designed to maximize profit. Thus, situating themselves on the stolen land, settlers much connect with movements of Indigenous sovereignty. Explaining social work’s parasitical dependence on cis-heteropatriarchy and capitalism, I argue for abolitionist futurities that envisage a world beyond capitalism.</p>

<p>Employing critical autoethnography, I meet my other to explore how I am implicated in the dispossession of Indigenous Peoples by my contradictory roles as a disruptor and facilitator of settler-colonialism through my activisms and frontline work with LGBTQ+ refugees. Their resettlement process is termed ‘re-queering’, of their already queer bodies, through state mechanisms. Re-queering projects them into the exploitative market as docile homonationalists. This process fortifies Canada as a ‘safe haven’ and legitimizes settler-colonialism. </p> <p>Based on my experiences of racism and homophobia and my work, I critique how capitalism puts us to work. All our actions – including queer rights movements based on identity politics – are transformed into ventures designed to maximize profit. Thus, situating themselves on the stolen land, settlers much connect with movements of Indigenous sovereignty. Explaining social work’s parasitical dependence on cis-heteropatriarchy and capitalism, I argue for abolitionist futurities that envisage a world beyond capitalism.</p>

The objective of both international and national fisheries management legislation has traditionally been to optimize utilization of individual fish stocks. Recently the environmental effects of fishing, including overfishing, by-catches, and destruction of habitat, have come into focus. International instruments (binding and non-binding) have been adopted to accommodate these concerns through introducing environmental principles (e.g. the precautionary approach and ecosystem approach) to supplement international fisheries law and international environmental law. In 2009 new legislation came into force in Norway to introduce these obligations. The legislation is investigated to assess how environmental considerations are implemented and weighted against other considerations, such as settlement and employment, traditionally important interests in fisheries management. The new legislation means fisheries management must apply objectives and principles across sectors to include utilization of all natural resources. The conclusion is that although the fisheries management agencies still enjoy wide discretion, the implementation of these principles and their integration with other sectors will require a more holistic approach to fisheries management in the future.Keywords: Implementation of international fisheries and international environmental law, Norwegian fisheries law, Norwegian environmental and natural resources law, Norwegian administrative law.Citation: Arctic Review on Law and Politics, vol. 1, 1/2010 p. 131–157. ISSN 1891-6252

The objective of both international and national fisheries management legislation has traditionally been to optimize utilization of individual fish stocks. Recently the environmental effects of fishing, including overfishing, by-catches, and destruction of habitat, have come into focus. International instruments (binding and non-binding) have been adopted to accommodate these concerns through introducing environmental principles (e.g. the precautionary approach and ecosystem approach) to supplement international fisheries law and international environmental law. In 2009 new legislation came into force in Norway to introduce these obligations. The legislation is investigated to assess how environmental considerations are implemented and weighted against other considerations, such as settlement and employment, traditionally important interests in fisheries management. The new legislation means fisheries management must apply objectives and principles across sectors to include utilization of all natural resources. The conclusion is that although the fisheries management agencies still enjoy wide discretion, the implementation of these principles and their integration with other sectors will require a more holistic approach to fisheries management in the future. Keywords: Implementation of international fisheries and international environmental law, Norwegian fisheries law, Norwegian environmental and natural resources law, Norwegian administrative law. Citation: Arctic Review on Law and Politics, vol. 1, 1/2010 p. 131–157. ISSN 1891-6252

Animals: Hierarchies of Life and Death

Scholarship increasingly reveals the distinct interplay between international environmental law and domestic legal systems, and the important role of courts the world over in fleshing out this relationship. Africa, however, seems to be underrepresented in these discussions, despite its being a key stakeholder in the development of international environmental law. As a contribution to this debate, we offer here an analysis of the relationship between international environmental law and domestic African legal systems, by focusing on how domestic courts in Kenya and South Africa have been engaging with the precautionary principle, the principle of public participation and the principle of sustainable development. Our analysis of a range of judgments shows that these courts have been exceptionally innovative in their growing support of these principles that they seem to embrace in their efforts to strengthen domestic environmental protection and to contribute to a nascent transnational judicial dialogue.

Under socialism, Poland suffered tremendous environmental devastation. After socialism, Poland's environmental performance has improved remarkably. This book explains that system-specific institutions of socialism undermined environmental protection by creating regulatory conflicts of interest that led the Party/state to soften budget and law constraints on polluters. Those problems have diminished in post-Communist Poland as socialist legal, political and economic institutions have been replaced by liberal-democratic institutions and competitive markets. The analysis carries important implications for an institutional theory of environmental protection.