Intergenerational dynamics and local development: Mining and the indigenous community in Chiu Chiu,El Loa Province,northern Chile

Water conflicts are a significant issue in northern Chile, especially when linked to neoliberal economic activities – mainly mining – on the lands of indigenous peoples. In fact, political ecology tends to accentuate the ways in which their communities unite around a water-based territoriality and/or cultural politics when faced with ‘threatening’ outsiders. However, internal differentiation has become especially relevant to enable a more nuanced appreciation of local struggles and claims. Taking a political ecology of water perspective, this article analyses in what ways Intergenerational Dynamics (hereafter IGDs) shape the way indigenous communities articulate their collective vision of development when dealing with mining companies. In addition, it examines to what extent IGDs shape the key elements that constitute different positions regarding territory, and also assesses how such dynamics reflect age-related traditional interests and cultural senses of identity and territoriality.     

Analyzing the individual and social rights condition of climate refugees from the international environmental law perspective

In evaluating international treaties, in particular, the United Nations Framework on Climate Change Convention, this paper shows that necessary preparations have not been made to protect the rights of individuals who are refugees or have been forced to migrate from their homeland. Immigrants are deprived of the most essential human rights, such as language, culture, and having a right to a healthy living environment. The current legal administration has not made the necessary contingencies for responding to the environmental consequences of immigration and is extremely inefficient in expanding this phenomenon. This paper seeks to address the question of to what extent existing forms of legal and operational protection can apply in climate change-related displacement in general and cross-border displacement in particular. In this work some strategies have been proposed for dealing with these existing gaps. It is expected that analyzing these gaps and determining the international community??s duties and commitments (governments and international organizations) can result in efficient management of this crisis and prevent the outbreak of chaos across the globe.     

Right to food,right to mine? Competing human rights claims in Bangladesh

The right to food is increasingly evoked by a range of actors, but there is not sufficient critical analysis of distinct interpretations of what this right means in practice. Through examination of a mineral extraction project with agricultural implications, this article explores diverse human rights narratives and illuminates associated corporate efforts to minimize recognition of food as a fundamental right. A British mining company proposes the Phulbari open pit coal mine in an agriculturally important region of Bangladesh. Highly contested by affected populations, clashes in 2006 between the police and protestors turned deadly in the area. In February 2012, a group of UN Special Rapporteurs cautioned the Government of Bangladesh regarding human rights violations associated with the planned mine. They warned that the project would displace hundreds of thousands of people, while destroying fertile agricultural land. In contrast, an ongoing publicity campaign by the corporation attempts to promote their intervention as a positive step, fully compliant with international human rights and corporate social responsibility standards. Taking this case as an exemplar, the article illuminates the pursuit of mining profit and the distinct use of human rights narratives by corporations and UN Special Rapporteurs. These diverse actors represent the layering of voices weighing in on mineral extraction and associated right to food concerns. Collectively, these layered narratives represent a new terrain for the promotion and contestation of mining and highlight the need to scrutinize mining practices in light of social responsibility and human rights claims being voluntary and self-regulated.     

科罗拉多河水权分配历程及其启示

为把握和吸取科罗拉多河近百年来水权分配的规律及经验,对科罗拉多河在美国境内及美国和墨西哥之间的水权分配历程进行了全面梳理和归纳,重点阐述了各条约及措施的背景、目的、内容及相互联系.从科罗拉多河水权分配历程可以看出,流域水权的保障是工程措施和非工程措施协同发展的结果,同时应考虑自然条件、区域社会经济发展、生态环境和国际环境等综合因素;在水权条约的框架下,灵活的市场机制能够提高水资源利用效率,是应对水资源供需变化的有效方式.科罗拉多河水权分配历程对于中国国际河流水权维护及国内水资源优化配置具有重要的借鉴价值.     

Conflicting rights to the city in New York's community gardens

In the mid-1990s, New York City initiated what would prove to be a long, highly visible struggle involving rights claims related to property, housing, and public space in the form of community gardens. The competing discourses of rights were part of a struggle over the kind of city that New York was to become, and more specifically, whether it would be one in which difference is accepted and in which access to the city and the public realm would be guaranteed. Using interviews with participants in the conflict over community gardens, we evaluate how the resolution to the gardens crisis, which in part occurred through the privatization of what are often taken to be public or community rights to land, transform not only the legal status of the gardens but also, potentially, their role as places where different `publics' can both exercise their right to the city and solidify that right in the landscape.     

Land alienation,land tenure,and tourism in Vanuatu,a Melanesian Island nation

Land is a primary resource for international tourism development. The relation of indigenous systems of land tenure and the history of land alienation to tourism in Pacific Island nations, however, is problematic. Governments of some Pacific Island nations are now emphasizing the traditional land rights of indigenous people in determining land use for economic development. Land is a key resource for the local participation of Islanders in development, and indigenous land claims are a volatile political issue. There has been little substantive research on tourism and land tenure in Melanesia. This paper examines the history of the problem of land alienation, the nature of traditional land tenure, and the relation of current land claims to tourist development in Vanuatu. Land alienations are tied to modern tourist developments, and issues of land tenure are a central aspects of political debate in local cultures. Suggestions are offered for regional planning for tourism, and local control of tourist development and land use.     

Putting principles of linguistic rights into practice: Geographical perspectives on a contemporary European problem

The political salience of demands from minority and regional groups for greater language rights increases across Europe. To draw more geographical attention to a particular aspect of these developments, this article identifies the main generic problems of converting demands for ‘linguistic rights’ into applied language policies. It does this by first outlining how the historic process of nation-state building in Europe reduced linguistic diversity, but has not eliminated language demands emanating from regional minorities. It then analyses how the concept of ‘linguistic rights’, as a part of human rights in general, has been developing within the United Nations and bodies including the Council of Europe and the European Union. Having outlined the political-legal frameworks within which minority language rights are pursued, the article then discusses the major difficulties of putting them into practice in particular places and spaces. They can be summarised as: the weakness of relevant international agreements; the dominance of state sovereignty in determining language policies; the limited public support for minority language rights; the difficulties of defining minority languages and delimiting the geographical spaces they occupy; the challenges posed by the growing geographical mobility of populations; and the problem of balancing collective and individual rights. Two fundamental issues linking these different problems are identified. First, there are problems of definition: what constitutes a ‘minority’ or ‘regional’ language and within what geographical space(s) is such a language spoken? This spatial dimension underlies a second fundamental problem, namely that of resolving conflicts between individual personality rights and collective territorial rights in increasing hybrid geolinguistic situations created by the growing geographical mobility of populations. Sociolinguists study these issues, but usually treat these essential spatial dimensions in a superficial fashion. Thus, there is an opportunity for geographers to develop more sophisticated geolinguistic analyses as a contribution to this interdisciplinary field.     

Land rights in conservation areas in Tanzania

Conflicts arise increasingly in Tanzania which involve claims in land located in conservation areas. These conflicts arise, in many cases, between members of the local communities and the state authorities in charge of the conservation areas. They concern customary land rights both of pastoral and of agricultural communities, a topic which also touches upon their identities. The article investigates the legal dimension of these disputes by discussing the law governing conservation areas in the wider context of land tenure legislation. Within this context, the legal framework of conservation areas is discussed from both historical and contemporary perspectives. Nature conservation must respect the needs of the local population affected. It is therefore argued that concepts of community-based conservation should be developed further to work towards the goal of integrating nature conservation and the sustainable use of natural resources. This revised version was published online in July 2006 with corrections to the Cover Date.     

The intersection of corporate social responsibility guidelines and indigenous rights: Examining neoliberal governance of a proposed mining project in Suriname

With neoliberal reforms and the growth of multinational mining investment in developing countries, corporate social responsibility (CSR) has become notable (and debatable) for its potential to fill a social and environmental governance gap. As yet, there has been limited analytical attention paid to the political struggles and power dynamics that get reflected through specific CSR guidelines and their implementation in local contexts; this is particularly apparent with respect to the human rights dimension of CSR, and more specifically, indigenous rights. This study documents the debates, issues of accountability, and different interpretations of CSR between NGOs representing indigenous rights and a mining corporation. These debates focus on environmental impact assessments; indigenous rights to land; and the indigenous right to Free, Prior, and Informed Consent. These exchanges illustrate the socio-political, as well as economic, positioning of these actors, and the different agendas associated with their positions that determine issues of accountability and shape alternate interpretations of CSR guidelines. The outcomes of these debates also reflect the different degrees of power that these actors hold in such contexts, irrespective of the strength or validity of their arguments about CSR. This dialogue is thereby a lens into the more complex and contentious entanglements that emerge with CSR as a mode of governance, as it plays out ‘on the ground.’ These findings also reinforce questions regarding what we can expect of CSR as a mode of governance for addressing human rights issues with resource extraction projects, particularly within the constraints of overriding political and social structures.     

The state and the regulation of biodiversity: International biopolitics and the case of Mexico

In this article, the evolving forms of biodiversity politics are examined in the light of regulation theory and in the tradition of materialistic state theory (Gramsci, Poulantzas, etc.). Biodiversity politics is not so much oriented toward the conservation of biodiversity as towards the creation of a stable political-institutional framework for its commercialization. In this contested and contradictory process, the nation state plays a crucial role. After a few remarks on the theoretical assumptions, some basic elements of the international regulation system of genetic resources are presented. The main topics of international biodiversity politics beside conservation are: access to biodiversity and its genetic resources, benefit sharing from its use and intellectual property rights. A major problem of this system is the relationship between varying negotiation processes in different fora. Another closely connected problem is the contradictory relationship between different regulatory levels at different spatial scales (international, regional, local). These contradictions are analyzed for the case of Mexico. Central issues of Mexican biodiversity politics, and the different actors, forces and interests are outlined and discussed against our initial theoretical reflections. Bioprospecting projects in the south of Mexico have raised questions of legal and legitimate forms of access, which have generated growing concern and significant disputes within Mexico. Finally, some conclusions are drawn, binding together the theoretical with the empirical results of our study.     

Commuting for rights: Circular mobilities and regional identities of Palestinians in a Jewish-Israeli town

Mobilities in settler states have become a defining feature of indigenous spatiality. This is mainly due to the structural disadvantage of indigenous communities in relation to urban locations. In Israel, Palestinian citizens are relocating to Jewish cities because of systemic discrimination, primarily in the allocation of land and housing construction permits in Arab locales. Yet, as this paper shows, their movement is neither unidirectional nor an one-time event, but ongoing and circular. Able to enjoy only certain economic and social rights in indigenous spaces and other rights in settler spaces, Palestinian citizens continuously commute between the two. Utilizing a human rights based approach, the paper unpacks Palestinian mobility practices to illuminate a lacuna in the literature, which has overlooked the quest for rights as a driving force of indigenous mobilities. The paper further demonstrates that circular mobilities become a generative act that connects the settler city to neighboring localities in a way that undermines the separation between ‘Jewish’ and ‘Palestinian’ spaces, and collapses the distinction between the ‘urban’ and ‘regional.’ Rather than attempting to integrate within the city, Palestinians incorporate the city within their own ethno-regional topography, thereby asserting their presence and a claim to the city-space itself.     

Curbing the power of developers? Law and power in Chinese and English gated urban enclaves

This article contributes to the legal geography literature through exploration of the contested concepts of power and law and their interconnected processes. Research findings from studies of urban gated enclaves in China and in England are used as a starting point to analyse the spatialisation of power in the creation of gated urban enclaves, with a particular focus on the role of law. Four categories of law are identified. The article suggests an analytical framework for understanding how particular modalities of power intersect with these different types of law. This framework is then applied to temporal stages in the creation of gated enclaves, in the context of the different legal geographies of China and England. In the final analysis, the manipulative power of neoliberalism outweighs law’s authority, for example when developers form alliances with municipal government to circumvent ‘policy’ and ‘regulatory’ law. Property rights as conceptualised through ‘high’ law are shown to be ineffective in resolving problems experienced by residents of specific enclaves, particularly those relating to common property rights. Developers were found to use ‘facilitative’ law to gain control of the juridical field, materialised through property rights allocation and resolution of disputes within urban enclaves.     

试析海南省城市地下空间开发利用规范管理

通过对我国地下空间开发利用相关法律条文的对比分析,结合各地地下空间开发管理经验,利用分层管理、系统管理理论,使用对比分析、实地调研的方法,在对建设用地使用权权利定性及权利协调合理性探讨基础上,提出海南城市地下空间开发规范管理利用建议。     

The legal meaning of Lefebvre’s the right to the city: addressing the gap between global campaign and scholarly debate

There is a growing consideration globally of a right to the city in urban policies, strategies and legislation. The mention of this concept in the UN’s New Urban Agenda vision statement, in relation to human rights, both acknowledges and encourages this trend. It is also a result of lobbying and contestation. In the Anglo-American scholarly literature, there has been caution as to whether Henri Lefebvre intended a legal and institutionalized meaning for his ‘right to the city’. This paper reviews these debates and from that perspective examines Lefebvre’s positions on law, rights and the right to the city. It locates this within his wider political strategy and in particular the three-pronged strategy he put forward in The Urban Revolution to address the urban question—political foregrounding of the urban, promotion of self-management, and introduction of the right to the city into a transformed contractual system. By contextualizing and reviewing Everyday Life in the Modern World (published immediately before Right to the City), the paper examines Lefebvre’s thinking on rights formation, within ‘opening’, or the process of inducing change. The paper engages with meanings Lefebvre provides for rights in his concept of the right to the city, including his later conception of a contract of citizenship. The paper suggests that engagement with a fluid role of law and rights, in combination with Lefebvre’s other strategies, is important in opening the pathway he charts for the realization of this right, whether through local or global initiatives.     

Critical legal geographies of possession: Antarctica and the International Geophysical Year 1957–1958

This is an article about the politics of territory in Antarctica. It revolves around what at first seems like a very simple geopolitical question: who owns Antarctica? As this article demonstrates, this seemingly simple question is far from easy to answer: it cannot be answered with a straightforward list of states, nor by conventional geopolitical understandings of territorial possession (Agnew and Corbridge, Mastering space: Hegemony, territory, and international political economy, 1995). Struggles between states for territorial possession has characterised much recent geopolitical history; struggles for Antarctica do not entirely follow this pattern, and revolve instead on the nature and the concept of territorial possession itself. The article focuses in particular on the debates about, and changes to, Antarctic legal and geopolitical territories triggered by the 1957–1958 International Geophysical Year: before the IGY Antarctica was an unstable composite of state claims, unclaimed terra nullius, and terra communis or land unavailable to state claim. By the 1959 Antarctic Treaty, this unstable composite legal and geopolitical geography emerged as a new form of territory, one in which the conventional global mode of territory—state possession—was no longer dominant. Understanding Antarctic legal geographies adds depth to critical geopolitical studies which focus on the ways in which space is actively constructed by specific discourses, understandings, and groups.     

Playing the indigenous card? The Shetland and Orkney Udal Law group and indigenous rights

The term ??indigenous peoples?? generally refers to the original inhabitants of areas of the world colonized by Europeans. Relatively few ethnic minorities in Europe have been recognized as indigenous. A consequence of globalization is that knowledge of rights gained by indigenous groups in different parts of the world has led to explicit or implicit claims for indigenous status by organized groups within some European ethnic or regional minorities. An example from the Northern Isles of Scotland is the Shetland and Orkney Udal Law group (SOUL), which includes on its website links to legal decisions supporting indigenous rights in Canada and Australia. SOUL argues for greater local autonomy regarding the use of resources. The islands were inhabited by Norse settlers from Scandinavia from the 9th century AD and came under Scottish rule in the 1460s. Certain elements of Norse law related to land tenure, in particular foreshore rights, have survived to the present as a form of customary law referred to as udal law. Udal law has been the subject of court cases in the nineteenth and twentieth centuries. It has been presented as symbolizing Orkney and Shetland identity, and brought into public debates on matters of concern to Orcadians and Shetlanders. Udal law is invoked to support a claim for local control over the surrounding sea and seabed, important for fishing, salmon-farming and oil exploitation. These issues are examined in relation to definitions of indigenous peoples applied by the United Nations, International Labour Organisation, and World Bank.     

Contested claims over space and identity between fishers and the oil industry in Mexico

This essay examines neoliberal forms of resource governance and emerging struggles over control of sea space between coastal fishers, the para-statal oil industry and government authorities in the State of Tabasco, Mexico. The analysis focuses on the changing mechanisms of resource governance and networking related to contested claims over rights to offshore space. The study is based on material collected during ethnographic field research in Tabasco in 2011–2014. By linking a post-Foucauldian approach to governmentality with a Deleuzian perspective on networks, our research examines resource governance as a socio-political arena, constructed in negotiation between multiple governmental, private and civil society actors, including heterogeneous groups from local populations. The study demonstrates how hybrid techniques of resource governance lead to fishers’ socio-spatial displacement, marginalization in the fields of political representation and subjection to ideas of aquaculture entrepreneurship. The ensemble of private regulation and governmental control provides a venue for drawing fishers into clientelist practices of governing while it diffuses questions of responsibility. These modes of governance fragment the fishers’ efforts to mobilize politically, making them rely on less visible networks of contestation shaped by heterogeneous fishing groups, with varying access to resources and political representation. Recent transformations in environmental legislation and the fishers’ mobile tactics of networking may offer opportunities for them to reclaim their resource rights.     

Water and the entrepreneurial city: The territorial expansion of public utility companies from Colombia and the Netherlands

Since the mid-1980s, liberalization has motivated numerous water supply reforms. Among these, privatization has received the most attention. Yet, its actual scope has been limited. Beyond privatization, the territorial expansion of municipally owned water corporations into new service areas can be witnessed in countries as diverse as Italy, South Africa, Canada, Colombia and the Netherlands. Generally, the activities of public water corporations are analyzed through the lens of commercialization. This framework is central to understanding recent shifts in water supply. Yet, while it addresses the effects of commercialization on service quality and access, it rarely integrates the influence of shifts in social reproduction and collective consumption in structuring reform. Drawing on theories of urban entrepreneurialism, I attempt to advance a broader analytical framework that is more amenable to integrating the diversity of processes involved, including but not limited to commercialization. At the same time, the territorial expansion of municipally owned water corporations suggests ways to rethink urban entrepreneurialism: it is not only commercial, it is also social, and it is Schumpeterian. To make these points, this article examines the efforts of two public water corporations to go international: EPM of Medellín, Colombia and WMD of Drenthe, the Netherlands.     

Scaling struggles over land and law: Autonomy,investment, and interlegality in Myanmar’s borderlands

This article explores the relevance of spatial global legal pluralism—an emerging field at the interstices of geography, anthropology, and socio-legal studies—for research on the global land rush, and the study of land law and investment in particular. I argue that a focus on the spatial dimensions of law—coupled with attention to the interlegality, scalar politics, and spatio-temporalities of semi-autonomous law—offers important insights into the dynamic forces, actors, and stakes in the global land rush. In Myanmar, the prospects for peace—however tenuous—have led to an acceleration of land law development including the creation of ‘semi-autonomous land law’ by ethnic armed groups and activists in its borderlands. I discuss the ways in which such policies not only anticipate peace but seek to shape its political-economy over multiple spatio-temporalities. By recognizing both international human rights law and customary law, such ‘non-state’ laws bring these two scales into an intermediary legal jurisdiction, contributing to the sedimentation of Kawthoolei and Kachinland as political scales in their own right.     

Legal impediments to utilizing groundwater as a municipal water supply source in karst terrain in the United States

Many jurisdictions presently utilize, or are now considering the utilization of, high-volume wells as a municipal water supply source. Withdrawal of groundwater in karst regions implicates rights to use groundwater and possible interference with other rights of nearby landowners. Drought conditions and increased population contribute to an increased incidence of legal disputes over the use of groundwater as a municipal water supply source in karst regions. High-volume pumping of groundwater may cause land subsidence, including sinkholes, drying of springs and/or streams and loss in value of nearby land. This paper examines the legal causes of action available to landowners adversely affected by high-volume groundwater pumping: groundwater rights, "loss of lateral and subjacent support", nuisance, and "takings". The author concludes that the law fails to include environmental and geoscience considerations. State legislatures should consider legislative changes to unify legal and scientific principles.