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

Hardcover | September 4, 2014

bySanjan Kabir Bavikatte

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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 amultipronged 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 formallegal 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.

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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 amultipronged approach, relying upon economic, anthropo...

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.
Format:HardcoverDimensions:256 pagesPublished:September 4, 2014Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198098669

ISBN - 13:9780198098669

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Table of Contents

PrefaceList of AbbreviationsIntroduction1. Self-Determination as Political Ecology: The Roots of Biocultural Rights2. Homo Economicus on Trial: Towards an Ethic of Stewardship3. Fighting Fetishism: Biocultural Readings of Social Hieroglyphs4. Reification: The Law as a Collective Conspiracy5. Fighting Reification: Towards a Peoples' History of the Law6. Rethinking Property: A Biocultural Approach7. A Jurisprudence of Stewardship: Creating Biocultural Precedents8. Biocultural Rights in Anglo-American Jurisprudence9. Biocultural Community Protocols: Towards a Pluralism of PropertyBibliographyCase IndexIndex