Editorial of "International Journal of Critical Indigenous Studies Volume 2, Number 1, 2009"

Over the past two decades neo liberalism has shaped global economic activity. The international reach of the current economic crisis propelled by the subprime mortgage meltdown in the United States has affected Indigenous communities in different ways to those whose investments were depleted by the Wall Street activities of an unregulated corporate and banking sector. Throughout this roller coaster economic ride the low socio-economic position of Indigenous peoples continued in Canada, the United States of America, New Zealand, Hawaii and Australia. The logic, or illogic of capital, failed to extend the boom of the economic upturn to Indigenous peoples, but is poised to extend the repercussions of the current downturn deep into Indigenous lives. The consistency of the Indigenous socio-economic position across these countries, even where treaties exist, indicates that the phenomenon is based on a shared Indigenous reality. In this special edition, the commonality in the way in which Indigenous people are engaged in and positioned by market forces and regulation by their respective nation states is proposed as one of the foundation plates of that Indigenous positioning...

The Australian Nonprofit Sector Legal Almanac 2015

Collected summaries of court cases involving nonprofit organisations, from Australia and overseas, during 2015, along with updates of legislative changes in all Australian jurisdictions. Significant Australian cases included several disputes with State Revenue Authorities about exemption from payroll taxes.

Res Communis? A critical legal geography of outer space, Antarctica, and the deep seabed

This chapter provides a critical legal geography of outer Space, charting the topography of the debates and struggles around its definition, management, and possession. As the emerging field of critical legal geography demonstrates, law is not a neutral organiser of space, but is instead a powerful cultural technology of spatial production. Drawing on legal documents such as the Outer Space Treaty and the Moon Treaty, as well as on the analogous and precedent-setting legal geographies of Antarctica and the deep seabed, the chapter addresses key questions about the legal geography of outer Space, questions which are of growing importance as Space’s available satellite spaces in the geostationary orbit diminish, Space weapons and mining become increasingly viable, Space colonisation and tourism emerge, and questions about Space’s legal status grow in intensity. Who owns outer Space? Who, and whose rules, govern what may or may not (literally) take place there? Is the geostationary orbit the sovereign property of the equatorial states it supertends, as these states argued in the 1970s? Or is it a part of the res communis, or common property of humanity, which currently legally characterises outer Space? Does Space belong to no one, or to everyone? As challenges to the existing legal spatiality of outer Space emerge from spacefaring states, companies, and non-spacefaring states, it is particularly critical that the current spatiality of Space is understood and considered.

The Protection of Traditional Knowledge Associated with Genetic Resources: The Role of Databases and Registers

"The Protection of Traditional Knowledge Associated with Genetic Resources: The Role of Databases and Registers" ABSTRACT Yovana Reyes Tagle The misappropriation of TK has sparked a search for national and international laws to govern the use of indigenous peoples knowledge and protection against its commercial exploitation. There is a widespread perception that biopiracy or illegal access to genetic resources and associated traditional knowledge (TK) continues despite national and regional efforts to address this concern. The purpose of this research is to address the question of how documentation of TK through databases and registers could protect TK, in light of indigenous peoples increasing demands to control their knowledge and benefit from its use. Throughout the international debate over the protection of TK, various options have been brought up and discussed. At its core, the discussion over the legal protection of TK comes down to these issues: 1) The doctrinal question: What is protection of TK? 2) The methodological question: How can protection of TK be achieved? 3) The legal question: What should be protected? And 4) The policy questions: Who has rights and how should they be implemented? What kind of rights should indigenous peoples have over their TK? What are the central concerns the TK databases want to solve? The acceptance of TK databases and registers may bring with it both opportunities and dangers. How can the rights of indigenous peoples over their documented knowledge be assured? Documentation of TK was envisaged as a means to protect TK, but there are concerns about how documented TK can be protected from misappropriation. The methodology used in this research seeks to contribute to the understanding of the protection of TK. The steps taken in this research attempt to describe and to explain a) what has been done to protect TK through databases and registers, b) how this protection is taking place, and c) why the establishment of TK databases can or cannot be useful for the protection of TK. The selected case studies (Peru and Venezuela) seek to illustrate the complexity and multidisciplinary nature of the establishment of TK databases, which entail not only legal but also political, socio-economic and cultural issues. The study offers some conclusions and recommendations that have emerged after reviewing the national experiences, international instruments, work of international organizations, and indigenous peoples perspectives. This thesis concludes that if TK is to be protected from disclosure and unauthorized use, confidential databases are required. Finally, the TK database strategy needs to be strengthened by the legal protection of the TK itself.

Community-based Natural Resource Management: Issues and Cases from South Asia

Community-based natural resource management (CBNRM) is the joint management of natural resources by a community based on a community strategy, through a participatory mechanism involving all legitimate stakeholders. The approach is community-based in that the communities managing the resources have the legal rights, the local institutions and the economic incentives to take substantial responsibility for sustained use of these resources. This implies that the community plays an active role in the management of natural resources, not because it asserts sole ownership over them, but because it can claim participation in their management and benefits for practical and technical reasons1–4. This approach emerged as the dominant conservation concept in the late 1970s and early 1980s, of the disillusionment with the developmental state. Governments across South and South East Asia, Africa and Latin America have adopted and implemented CBNRM in various ways, viz. through sectoral programmes such as forestry, irrigation or wildlife management, multisectoral programmes such as watershed development and efforts towards political devolution. In India, the principle of decentralization through ‘gram swaraj’ was introduced by Mahatma Gandhi. The 73rd and 74th constitution amendments in 1992 gave impetus to the decentralized planning at panchayat levels through the creation of a statutory three-level local self-government structure5,6. The strength of this book is that it includes chapters by CBNRM advocates based on six seemingly innovative initiatives being implemented by nongovernmental organizations (NGOs) in ecologically vulnerable regions of South Asia: two in the Himalayas (watershed development programme in Lingmutechhu, Bhuthan and Thalisain tehsil, Paudi Grahwal District, Uttarakhand), three in semi-arid parts of western India (watershed development in Hivre Bazar, Maharashtra and Nathugadh village, Gujarat and water-harvesting structures in Gopalapura, Rajasthan) and one in the flood-plains of the Brahmaputra–Jamuna (Char land, Galibanda and Jamalpur districts, Bangladesh). Watersheds in semi-arid regions fall in the low-rainfall region (500–700 mm) and suffer the vagaries of drought 2–3 years in every five-year cycle. In all these locations, the major occupation is agriculture, most of which is rainfed or dry. The other two cases (in Uttarakhand) fall in the Himalayan region (temperate/sub-temperate climate), which has witnessed extensive deforestation in the last century and is now considered as one of the most vulnerable locations in South Asia. Terraced agriculture is being practised in these locations for a long time. The last case (Gono Chetona) falls in the Brahmaputra–Jamuna charlands which are the most ecologically vulnerable regions in the sub-continent with constantly changing landscape. Agriculture and livestock rearing are the main occupations, and there is substantial seasonal emigration for wage labour by the adult males. River erosion and floods force the people to adopt a semi-migratory lifestyle. The book attempts to analyse the potential as well as limitations of NGOdriven CBNRM endeavours across agroclimatic regions of South Asia with emphasis on four intrinsically linked normative concerns, namely sustainability, livelihood enhancement, equity and demographic decentralization in chapters 2–7. Comparative analysis of these case studies done in chapter 8, highlights the issues that require further research while portraying the strengths and limits of NGO-driven CBNRM. In Hivre Bazar, the post-watershed intervention scenario is such that farmers often grow three crops in a year – kharif bajra, rabi jowar and summer vegetable crops. Productivity has increased in the dry lands due to improvement in soil moisture levels. The revival of johads in Gopalpura has led to the proliferation of wheat and increased productivity. In Lingmuteychhu, productivity gains have also arisen, but more due to the introduction of both local and high-yielding, new varieties as opposed to increased water availability. In the case of Gono Chetona, improvements have come due to diversification of agriculture; for example, the promotion of vegetable gardens. CBNRM interventions in most cases have also led to new avenues of employment and income generation. The synthesis shows that CBNRM efforts have made significant contributions to livelihood enhancement and only limited gains in terms of collective action for sustainable and equitable access to benefits and continuing resource use, and in terms of democratic decentralization, contrary to the objectives of the programme. Livelihood benefits include improvements in availability of livelihood support resources (fuelwood, fodder, drinking water), increased productivity (including diversification of cropping pattern) in agriculture and allied activities, and new sources of livelihood. However, NGO-driven CBNRM has not met its goal of providing ‘alternative’ forms of ‘development’ due to impediments of state policy, short-sighted vision of implementers and confrontation with the socio-ecological reality of the region, which almost always are that of fragmented communities (or communities in flux) with unequal dependence and access to land and other natural resources along with great gender imbalances. Appalling, however, is the general absence of recognition of the importance of and the will to explore practical ways to bring about equitable resource transfer or benefit-sharing and the consequent innovations in this respect that are evident in the pioneering community initiatives such as pani panchayat, etc. Pertaining to the gains on the ecological sustainability front, Hivre Bazar and Thalisain initiatives through active participation of villagers have made significant regeneration of the water table within the village, and mechanisms such as ban on number of bore wells, the regulation of cropping pattern, restrictions on felling of trees and free grazing to ensure that in the future, the groundwater is neither over-exploited nor its recharge capability impaired. Nevertheless, the longterm sustainability of the interventions in the case of Ghoga and Gopalpura initiatives as the focus has been mostly on regeneration of resources, and less on regulating the use of regenerated resources. Further, in Lingmuteychhu and Gono Chetona, the interventions are mainly household-based and the focus has been less explicit on ecological components. The studies demonstrate the livelihood benefits to all of the interventions and significant variation in achievements with reference to sustainability, equity and democratic decentralization depending on the level and extent of community participation apart from the vision of implementers, strategy (or nature of intervention shaped by the question of community formation), the centrality of community formation and also the State policy. Case studies show that the influence of State policy is multi-faceted and often contradictory in nature. This necessitates NGOs to engage with the State in a much more purposeful way than in an ‘autonomous space’. Thus the role of NGOs in CBNRM is complementary, wherein they provide innovative experiments that the State can learn. This helps in achieving the goals of CBNRM through democratic decentralization. The book addresses the vital issues related to natural resource management and interests of the community. Key topics discussed throughout the book are still at the centre of the current debate. This compilation consists of well-written chapters based on rigorous synthesis of CBNRM case studies, which will serve as good references for students, researchers and practitioners in the years to come.

Overview and bibliography of the literature of socio-economic relevance to the fisheries of Lake Victoria

An overview is provided of the literature of socio-economic relevance to the fisheries of Lake Victoria. It covers the following areas: marketing studies; management; changes to the structure of the fishery; and, base-line studies. The bibliography provides a guide to the more important documents on Lake Victoria's socio-economy and includes a total of 177 references

Legal dimensions of the Chinese experience in Los Angeles, 1860-1880

On October 24, 1871, a massacre of eighteen Chinese in Los Angeles brought the small southern California settlement into the national spotlight. Within a few days, news of this “night of horrors” was reported in newspapers across the country. This massacre has been cited in Asian American narratives as the first documented outbreak of ethnic violence against a Chinese community in the United States. This is ironic because Los Angeles’ small population has generally placed it on the periphery in historical studies of the California anti-Chinese movement. Because the massacre predated Los Angeles’ organized Chinese exclusion movements of the late 1870s, it has often been erroneously dismissed as an aberration in the history of the city.

The violence of 1871 was an outburst highlighting existing community tensions that would become part of public debate by decade’s close. The purpose of this study is to insert the massacre into a broader context of anti-Chinese sentiments, legal discrimination, and dehumanization in nineteenth century Los Angeles. While a second incident of widespread anti-Chinese violence never occurred, brutal attacks directed at Chinese small businessmen and others highlighted continued community conflict. Similarly, economic rivalries and concerns over Chinese prostitution that underlay the 1871 massacre were manifest in later campaigns of economic discrimination and vice suppression that sought to minimize Chinese influence within municipal limits. An analysis of the massacre in terms of anti-Chinese legal, social and economic strategies in nineteenth-century Los Angeles will elucidate these important continuities.

Segregation: theoretical approach. an empirical analysis of gender segregation in undergraduate studies at the University of the Basque Country.

The aim of this study is to analyze the gender segregation in undergraduate studies in the University from Basque Country (UPV/EHU). We use data from UPV/EHU for the period 2003-2013. We focus on the period from 2003 to 2013 to analyze the changes in the segregation over ten years. We analyze the tendencies of the men and the women inside undergraduate studies. Undergraduate studies are decomposed into five fields: Legal and social sciences, experimental sciences, engineering, arts and humanities, and health sciences. We draw segregation curves and compute the Gini segregation index within the Lorenz approach. Our results show that the gender segregation in undergraduate studies in the UPV/EHU has decreased from 2003 to 2013.

Blue Crab, Callinectes sapidus, Trap Selectivity Studies: Mesh Size

Catch rates and sizes of blue crabs, Callinectes sapidus, were compared in traps with 2.54 cm (1.0 inch), 3.81 cm (1.5 inches), and 5.08 cm (2.0 inches) square mesh, 2.54 by 5.08 cm rectangular mesh, and 3.81 cm hexagonal mesh. Catch of legal blue crabs by number was significantly greater in the traditional hexagonal mesh trap than in all other trap types. Sublegal catch by number was highest (34.1-63.3% of total) in the 2.54 cm and 3.81 cm square mesh and rectangular mesh traps and lowest in the 5.08 cm square mesh trap. The hexagonal mesh trap had significantly lower catch rates of sublegal blue crabs than all other trap types except the 5.08 cm square mesh. Mean size of blue crabs by trap type exhibited an inverse pattern to that shown by catch of sublegal crabs. The most effective trap to maximize legal catch and minimize sublegal catch was the 3.81 cm hexagonal mesh trap followed by the 5.08 cm square mesh trap.

Socio-economic dimension of fish farming in Assam

Information on socio-economic framework of the fish farmer community forms a benchmark for policy formulation to develop this economically backward sector. Very few studies have been conducted on the socio-economic aspect of fish farming. Two districts of Assam, Darrang and Nagaon, were selected for this study where 120 respondents from each district were selected randomly. The characteristics representing the personnel and socio-economic attributes of the fish farmers are presented in this paper. The socio-economic status of fish farmers has to be improved by bringing the modern concepts of fish farming to the doorstep of farmers.

Characterization of the fisheries of the major and minor lakes of Uganda and the socio-economic factors influencing fishery exploitation

There is growing recognition that the performance of the fisheries sector depends on the communities responsible for activities within it. These communities include fishers, processors, fish mongers, traders, local leaders, fishery administrators etc. On the basis of this, characterisation and diagnostic studies were conducted in 1995 focussing on mainly the fishers and opinion leaders on the major and some minor water bodies in Uganda. The study revealed that the desire to earn income is the driving force behind the malfishing practices experienced on Uganda fisheries. The destructive fishing gears and fishing methods as responses advanced by the fishers and opinion leaders were seines and cast nets on lakes Victoria, Kyoga and Albert and to a less extent traps

Impact of dead and sunken water hyacinth on biotic communities, the aquatic environment and socio-economic activities

The mobile water hyacinth, which was produced in growth zones, especially Murchison Bay, was mainly exported to three sheltered storage bays (Thruston, Hannington and Waiya). Between 1996 and May 1998, the mobile form of water hyacinth occupied about 800 ha in Thruston Bay, 750 ha in Hannington Bay and 140 ha in Waiya Bay). Biological control weevils and other factors, including localised nutrient depletion, weakened the weed that was confined to the bays and it sunk around October 1998. The settling to the bottom of such huge quantities of organic matter its subsequent decomposition and the debris from this mass was likely to have environmental impacts on biotic communities (e.g. fish and invertebrate), physico-chemical conditions (water quality), and on socio-economic activities (e.g. at fish landings, water abstraction, and hydro-power generation points). Sunken water. hyacinth debris could also affect nutrient levels in the water column and lead to reduction in the content of dissolved oxygen. The changes in nutrient dynamics and oxygen levels could affect algal productivity, invertebrate composition and fish communities. Socio-economic impacts of dead sunken weed were expected from debris deposited along the shoreline especially at fish landings, water abstraction and hydropower generation points. Therefore, environmental impact assessment studies were carried out between 1998 and 2002 in selected representative zones of Lake Victoria to identify the effects of the sunken water hyacinth biomass

The socio-economic and cultural structures of the fisherfolk communities

Fishing communities that have exploited the resource for generations constitute the main stakeholder groups in the fisheries of Lake Victoria. Several studies have examined Uganda's Lake Victoria fishing communities and characterised key stakeholders at community level over the last decade (SEDAWOG 1999a and b; Geheb 1997; FeSEP 1997; Kitakule 1991). The communities are made up of scattered settlements at the shores and on islands. The categories of people living in these communities include fishers who consist primarily of large numbers of male youths who provide labour to boat and gear owners. There are resident and non-resident fish traders who after securing their supplies at the beaches, depart for their market destinations. In addition, there are fish processors, mostly operating traditional and improved smoking kilns. Many other people, dealing in provisions and supplies also stay at the beaches, their activities depending on the level of fish catch. The fishing communities of Lake Victoria, Uganda, include auxiliary livelihood activities such as boat building, net repairing and transportation; bait supply and beachside kiosks, video halls and retail shop business. Other economic activities are brick making, charcoal burning/wood trade, farming and livestock keeping.

The socio-economic effects of trawling on the present day fishermen

1. The introduction of trawlers to Lake Victoria to harvest fish will have far reaching effects on the men (and women) presently engaged in the fishery, on the diet of the nation as a whole. 2. However, the whole concept of trawling is so different to present techniques and the scale of operation so great, that disruption to the socio-economy of many people is possible. 3. The sociological studies outlined below will assist the governments in the formulatlon of policies aimed at minimising disruptive effects on the lives of many individuals.