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“Whether International Law is really law is one of those vexed questions that still linger. Prof. Mwenda’s three-pillar approach to looking at International Law is an exceedingly useful conceptual framework which is, at the same time, emblematic of the malleable nature of the discipline. The analysis demonstrates when States pay attention to international law, why they feel compelled to do so, when they choose not to, and why all that matters. This is an extremely timely and accessible book which should be useful to the legal academy and to practitioners.”–DR VICTOR B. MOSOTIChief Counsel for Environmental and International Law, Legal Vice-Presidency, The World Bank“Prof. Mwenda’s book, ‘Contemporary Issues in International Law’, is a must-read masterpiece on international law for practitioners, academics and students of public international law. It is a thought-provoking book that touches on contemporary issues confronting international law at a time when multilateralism…is under serious threat. It touches on issues that need to be discussed and addressed in order to be able to deal with the emerging challenges of rising nationalism among leading nations of the world.”–BRIAN CHIGAWA, ESQDirector of Legal and Corporate Affairs, Common Market for Eastern and Southern Africa (COMESA)

Law --- international law --- conceptual framework --- Contemporary Issues

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Employing a human rights approach, this book analyses the adequacy of climate change regulatory frameworks at international, regional and national levels to protect indigenous peoples’ lands in Africa. It demonstrates that without appropriate legal protection, climate change and the implementation of its response measures can adversely affect a range of their human rights. The book explores how the African human rights system may effectively address the protection of indigenous peoples' lands in the context of adverse effects of climate change in Africa. Table of Contents Foreword Acknowledgments Dedication List of abbreviations Table of cases List of instruments 1. Introduction Background 1.1 Intersecting terms? Indigenous peoples, forest-dependent peoples and local populations 1.2 Overlapping issues? Climate change, environment, forests and indigenous peoples’ lands 1.3 Intersecting governance: Defining a climate change regulatory framework Methodology 2.1 A human rights framework as a tool of analysis 2.2 A human rights framework as a prescriptive tool 2.3 Case studies for analysis Limitations Synopsis 2. Human rights and climate change: Conceptual framework Introduction Climate change: An environmental or human rights concern? 2.1 Climate change as an environmental concern 2.2. Climate change as a human rights concern Human rights as a conceptual framework: Which approach and what features? 3.1 Human rights and schools of thought 3.2 Core human rights principles Conclusion 3. The notion of indigenous peoples’ land rights and adverse effects of climate change in Africa Introduction The nature of indigenous peoples’ land rights 2.1 Land use as an emblem of cultural and environmental integrity 2.2 Indigenous peoples’ land tenure: Essential features 2.3 Concept of parallel use Cause and effect of climate change as threat to land-tenure and use 3.1 Cause of climate change as a threat 3.2 Climate change as a threat 3.3 Effects of climate response as a threat Conclusion 4. The international climate change regulatory framework in relation to indigenous peoples’ lands Introduction Regulatory frameworks on the responses to climate change 2.1 The international adaptation regulatory framework 2.2 The international regulatory framework and mitigation Subordinating notions in the international climate regulatory framework 3.1 Notion of ‘sovereignty’ 3.2 Notion of ‘country-driven’ 3.3 Deference to ‘national legislation’ Conclusion 5. National climate change regulatory frameworks in relation to indigenous peoples’ lands: Case studies of Tanzania, Zambia and Nigeria Introduction Significance of a domestic regulatory framework Domestic climate change regulatory response of adaptation 3.1 Implications of inadequate reflection of land tenure and use in adaptation process National climate change regulatory response of REDD+ as a mitigation measure 4.1 REDD+ readiness in selected states of Africa in relation to indigenous peoples’ lands Conclusion 6. The inadequacy of the national climate change regulatory framework in relation to indigenous peoples’ lands: A human rights framework as a regional response Introduction Legal basis for the application of a regional human rights framework Assessing national regulatory frameworks in the context of a regional human rights framework 3.1 Incompatibility of national climate regulatory framework with obligations of states 3.2 Threat to a range of rights The regional climate change regulatory framework and potential for human rights 4.1 Committee of African Heads of State and Government on Climate Change 4.2 African Ministerial Conference on the Environment 4.3 Climate for Development in Africa (ClimDev-Africa) Programme 4.4 African Union Commission 4.5 New Partnership for African Development 4.6 Pan-African Parliament 4.7 Peace and Security Council Potentials in regional human rights mechanisms with focus on the Commission 5.1 Promotional functions 5.2 Protective mandate 5.3 Interpretive functions 5.4 Assembly-entrusted tasks Conclusion 7. Conclusion and the way forward Conclusion The way forward 2.1 International level 2.2 National level 2.3 Regional level Bibliography Index

Climatic changes --- Indigenous peoples --- Human rights --- human rights Africa Human rights and climate change environmental conceptual framework indigenous peoples’ land rights --- Law and legislation. --- Land tenure --- Land tenure. --- Human Rights Africa (Organization) --- Africa.

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Employing a human rights approach, this book analyses the adequacy of climate change regulatory frameworks at international, regional and national levels to protect indigenous peoples’ lands in Africa. It demonstrates that without appropriate legal protection, climate change and the implementation of its response measures can adversely affect a range of their human rights. The book explores how the African human rights system may effectively address the protection of indigenous peoples' lands in the context of adverse effects of climate change in Africa. Table of Contents Foreword Acknowledgments Dedication List of abbreviations Table of cases List of instruments 1. Introduction Background 1.1 Intersecting terms? Indigenous peoples, forest-dependent peoples and local populations 1.2 Overlapping issues? Climate change, environment, forests and indigenous peoples’ lands 1.3 Intersecting governance: Defining a climate change regulatory framework Methodology 2.1 A human rights framework as a tool of analysis 2.2 A human rights framework as a prescriptive tool 2.3 Case studies for analysis Limitations Synopsis 2. Human rights and climate change: Conceptual framework Introduction Climate change: An environmental or human rights concern? 2.1 Climate change as an environmental concern 2.2. Climate change as a human rights concern Human rights as a conceptual framework: Which approach and what features? 3.1 Human rights and schools of thought 3.2 Core human rights principles Conclusion 3. The notion of indigenous peoples’ land rights and adverse effects of climate change in Africa Introduction The nature of indigenous peoples’ land rights 2.1 Land use as an emblem of cultural and environmental integrity 2.2 Indigenous peoples’ land tenure: Essential features 2.3 Concept of parallel use Cause and effect of climate change as threat to land-tenure and use 3.1 Cause of climate change as a threat 3.2 Climate change as a threat 3.3 Effects of climate response as a threat Conclusion 4. The international climate change regulatory framework in relation to indigenous peoples’ lands Introduction Regulatory frameworks on the responses to climate change 2.1 The international adaptation regulatory framework 2.2 The international regulatory framework and mitigation Subordinating notions in the international climate regulatory framework 3.1 Notion of ‘sovereignty’ 3.2 Notion of ‘country-driven’ 3.3 Deference to ‘national legislation’ Conclusion 5. National climate change regulatory frameworks in relation to indigenous peoples’ lands: Case studies of Tanzania, Zambia and Nigeria Introduction Significance of a domestic regulatory framework Domestic climate change regulatory response of adaptation 3.1 Implications of inadequate reflection of land tenure and use in adaptation process National climate change regulatory response of REDD+ as a mitigation measure 4.1 REDD+ readiness in selected states of Africa in relation to indigenous peoples’ lands Conclusion 6. The inadequacy of the national climate change regulatory framework in relation to indigenous peoples’ lands: A human rights framework as a regional response Introduction Legal basis for the application of a regional human rights framework Assessing national regulatory frameworks in the context of a regional human rights framework 3.1 Incompatibility of national climate regulatory framework with obligations of states 3.2 Threat to a range of rights The regional climate change regulatory framework and potential for human rights 4.1 Committee of African Heads of State and Government on Climate Change 4.2 African Ministerial Conference on the Environment 4.3 Climate for Development in Africa (ClimDev-Africa) Programme 4.4 African Union Commission 4.5 New Partnership for African Development 4.6 Pan-African Parliament 4.7 Peace and Security Council Potentials in regional human rights mechanisms with focus on the Commission 5.1 Promotional functions 5.2 Protective mandate 5.3 Interpretive functions 5.4 Assembly-entrusted tasks Conclusion 7. Conclusion and the way forward Conclusion The way forward 2.1 International level 2.2 National level 2.3 Regional level Bibliography Index

Climatic changes --- Indigenous peoples --- Human rights --- Law and legislation. --- Land tenure --- Human Rights Africa (Organization) --- Africa. --- human rights Africa Human rights and climate change environmental conceptual framework indigenous peoples’ land rights

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This paper presents a framework for analyzing tropical deforestation and reforestation using the von Thunen model as its starting point: land is allocated to the use which yields the highest rent, and the rents of various land uses are determined by location. Forest cover change therefore becomes a question of changes in rent of forest versus non-forest use. While this is a simple and powerful starting point, more intriguing issues arise when this is applied to analyze real cases. An initial shift in the rent of one particular land use generates feedbacks which affect the rent of all land uses. For example, a new technology in extensive agriculture should make this land use more profitable and lead to more forest clearing, but general equilibrium effects (changes in prices and local wages) can modify or even reverse this conclusion. Another issue is how a policy change or a shift in broader market, technological, and institutional forces will affect various land use rents. The paper deals with three such areas: technological progress in agriculture, land tenure regimes, and community forest management. The second part of the paper links the von Thunen framework to the forest transition theory. The forest transition theory describes a sequence over time where a forested region goes through a period of deforestation before the forest cover eventually stabilizes and starts to increase. This sequence can be seen as a systematic pattern of change in the agricultural and forest land rents over time. Increasing agricultural rent leads to high rates of deforestation. The slow-down of deforestation and eventual reforestation is due to lower agricultural rents (the economic development path) and higher forest rent (the forest scarcity path). Various forces leading to these changes are discussed and supported by empirical evidence from different tropical regions.

Common Property Resource Development --- Conceptual Framework --- Deforestation --- Economic Development --- Economic Theory and Research --- Economics --- Empirical Evidence --- Environment --- Environmental Economics and Policies --- Equilibrium --- Forest Management --- Forestry --- Forests and Forestry --- Labor --- Land --- Land Use --- Macroeconomics and Economic Growth --- Markets --- Poverty --- Prices --- Rural Development --- Rural Development Knowledge and Information Systems --- Technological Change --- Technological Progress --- Technology --- Trade --- Wages

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This paper presents a framework for analyzing tropical deforestation and reforestation using the von Thunen model as its starting point: land is allocated to the use which yields the highest rent, and the rents of various land uses are determined by location. Forest cover change therefore becomes a question of changes in rent of forest versus non-forest use. While this is a simple and powerful starting point, more intriguing issues arise when this is applied to analyze real cases. An initial shift in the rent of one particular land use generates feedbacks which affect the rent of all land uses. For example, a new technology in extensive agriculture should make this land use more profitable and lead to more forest clearing, but general equilibrium effects (changes in prices and local wages) can modify or even reverse this conclusion. Another issue is how a policy change or a shift in broader market, technological, and institutional forces will affect various land use rents. The paper deals with three such areas: technological progress in agriculture, land tenure regimes, and community forest management. The second part of the paper links the von Thunen framework to the forest transition theory. The forest transition theory describes a sequence over time where a forested region goes through a period of deforestation before the forest cover eventually stabilizes and starts to increase. This sequence can be seen as a systematic pattern of change in the agricultural and forest land rents over time. Increasing agricultural rent leads to high rates of deforestation. The slow-down of deforestation and eventual reforestation is due to lower agricultural rents (the economic development path) and higher forest rent (the forest scarcity path). Various forces leading to these changes are discussed and supported by empirical evidence from different tropical regions.

Common Property Resource Development --- Conceptual Framework --- Deforestation --- Economic Development --- Economic Theory and Research --- Economics --- Empirical Evidence --- Environment --- Environmental Economics and Policies --- Equilibrium --- Forest Management --- Forestry --- Forests and Forestry --- Labor --- Land --- Land Use --- Macroeconomics and Economic Growth --- Markets --- Poverty --- Prices --- Rural Development --- Rural Development Knowledge and Information Systems --- Technological Change --- Technological Progress --- Technology --- Trade --- Wages