Stewarding The Earth: Rethinking Property and the Emergence of Biocultural Rights

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Sanjay Kabir Bavikatte (, UNU-JSPS Fellow, Staff Lawyer, Legal Advisor)

Stewarding The Earth

Rethinking Property and the Emergence of Biocultural Rights

Sanjay Kabir Bavikatte (, UNU-JSPS Fellow, Staff Lawyer, Legal Advisor)

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English

OUP India
24 April 2014

International environmental law; Energy & natural resources law

The book analyses the emergence of biocultural rights as a sub-set of third generation group rights in environmental law. It argues that these rights, which advocate people's duty of stewardship over nature, have arisen as a response to the world's ecological crisis. The book uses a multipronged approach, relying upon economic, anthropological, political, and legal theories, to deconstruct the current concepts of private property from the perspective of indigenous peoples and traditional communities. It further presents evidence that this discursive shift is gaining formal legal recognition by referring to negotiations of multilateral environmental agreements, judicial decisions of regional, and domestic courts and community initiatives. The book also gives a description of the new biocultural jurisprudence including its application through innovative, community-developed instruments such as biocultural community protocols.

By: Sanjay Kabir Bavikatte ( UNU-JSPS Fellow Staff Lawyer Legal Advisor)
Imprint: OUP India
Dimensions: Height: 228mm, Width: 147mm, Spine: 23mm
Weight: 434g
ISBN: 9780198098669
ISBN 10: 0198098669
Pages: 256
Publication Date: 24 April 2014
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

Preface List of Abbreviations Introduction 1: Self-Determination as Political Ecology: The Roots of Biocultural Rights 2: Homo Economicus on Trial: Towards an Ethic of Stewardship 3: Fighting Fetishism: Biocultural Readings of Social Hieroglyphs 4: Reification: The Law as a Collective Conspiracy 5: Fighting Reification: Towards a Peoples' History of the Law 6: Rethinking Property: A Biocultural Approach 7: A Jurisprudence of Stewardship: Creating Biocultural Precedents 8: Biocultural Rights in Anglo-American Jurisprudence 9: Biocultural Community Protocols: Towards a Pluralism of Property Bibliography Case Index Index

Sanjay Kabir Bavikatte is the founder and former co-director of Natural Justice, an international collective of environmental lawyers working in Africa, Asia, and Latin America. He is a UNU-JSPS fellow and works as a staff lawyer at Natural Justice, and also as the legal advisor to the National Biodiversity Authority in India.