by Dan Farber
Almost since the modern era of environmental regulation began in the 1970s, there have been arguments for replacing it with something else. Surely, critics argued, it was possible to improve on a rigid hierarchy from the issuance of federal uniform standards to state implementation to firm compliance. Conventional regulation, it has been said, is too clumsy, too slow, too inefficient. The critics offered various replacements for federal “command and control” regulation, including use of alternative regulatory tools such as emissions trading or collaborative governance and a massive shift of regulatory authority to the states. There have been significant incremental changes, but little in the way of transformation – except in the arena of climate change. States, cities, and private firms have all undertaken aggressive climate change initiatives. This paper argues that the complex national and international networks and interactions involving these efforts are best understood as constituting a governance ecosystem...
Violence Against the Earth Begets Violence Against Women: An Analysis of the Correlation Between Large Extraction Projects and Missing and Murdered Indigenous Women, and the Laws that Permit the Phenomenon Through an International Human Rights Lens
by Summer Blaze Aubrey
This note examines the prevalence of sex trafficking of Native women and children, and the correlation those rates have with large extraction projects, such as the Bakken Oil Fields in North Dakota, and the camps (“man camps”) that employees live in. In order to fully flesh out the phenomenon accurately, this note walks through pertinent history and the Truth of the Native experience of colonization and genocide in the United States. Further, this note also examines the current laws and policies in the United States that perpetuate and exacerbate the Missing and Murdered Indigenous Women and Girls phenomenon. Finally, it compares those laws and policies to international human rights standards, speaks to how the United States consistently falls short of international human rights standards, and how the issue can be remedied.
HISTORY, ENTERPRISE, AND REFORM:
HONDURAN ZEDE REGIMES AND INDIGENOUS PEOPLES’ RIGHTS
by Dr. Torivio Fodder
For decades, the situation of Indigenous peoples in Honduras has been closely monitored by the international community. With the passage of legislation in 2013 by the Honduran Government authorizing the creation of Zones of Economic Development and Employment (ZEDE), the renewed interest in Indigenous peoples’ rights in this relatively remote corner of the globe is not without merit. This paper will seek to address whether ZEDE regimes can be made to work for the country’s Indigenous peoples in such a way that their culture, identity, land rights, and natural resources are protected: 1) Section I will provide a brief historical overview of Indigenous peoples’ land rights in Honduras; 2) Section II will explore some of the key provisions of the ZEDE regime, and discuss international comparative approaches that have been implemented in other jurisdictions, including other Indigenous jurisdictions; 3) Section III will seek to outline key criticisms of the ZEDE legislation; 4) Section IV will evaluate contemporary best practices for strengthening Indigenous governance, and explore ways that a ZEDE regime can maintain consistency with international law and international norms with respect to Indigenous peoples.