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Environmental law is fast changing in the face of increased threats of an ecological apocalypse. Growing evidence of effective conservation practices by generations of communities with strong cultural and spiritual ties to the land has triggered a new discourse of ‘biocultural rights’. Biocultural rights are community rights to stewardship of their lands and waters. Unlike private property rights, these refuse to conceive of Nature as a commodity with exchange value. Rather they secure the role of communities as trustees of their ecosystems and affirm the integral link between protecting these rights and environmental conservation.
Weaving a fascinating tapestry of law, economics, anthropology and philosophy, this book insightfully deconstructs dominant notions of private property while making a powerful case for biocultural jurisprudence. Drawing on his years of experience as an international environmental lawyer and having represented indigenous peoples and advised governments, Bavikatte maps and argues for biocultural rights through compelling examples of environmental agreements, legislation, judicial decisions, and community practices. Thoroughly researched and engagingly written, this work is sure to engross all those concerned about the future of our planet.
Preface
Acknowledgements
List of Abbreviations
Table of Cases
Introduction
Self-determination as Political Ecology: The Roots of Biocultural Rights
Homo Economicus on Trial: Towards an Ethic of Stewardship
Fighting Fetishism: Biocultural Readings of Social Hieroglyphs
Reification: The Law as a Collective Conspiracy
Fighting Reification: Towards a Peoples’ History of the Law
Rethinking Property: A Biocultural Approach
A Jurisprudence of Stewardship: Creating Biocultural Precedents
Biocultural Rights in Anglo-American Jurisprudence
Biocultural Community Protocols: Towards a Pluralism of Property
Bibliography
Index
About the Author
Key Features
There is no book of this kind available in the market which comprehensively discusses the emergence of biocultural rights in environmental law.
The theme of the book is an important one, given that in recent times, issues relating to both biodiversity conservation and displacement of the indigenous have been at the centre of the controversy.
The discussions are supported by judicial decisions and other references.
The book discusses a highly contentious issue of international significanceISBN - 9780198098669
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Pages : 284
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