TGI Open Access Books Series

Advances in Environmental Law
Brief Details
  • Language: English
  • Publisher: The Grassroots Institute
  • Copyright: Contributors & Hasrat Arjjumend
  • License: Creative Commons Attribution 4.0
  • Audience: Legal Scientists, Law Practitioners, Lawyers, Social Scientists, Policy Analysts, etc.
  • Keywords: Environmental Law; Climate Law; European Law; Globalization; Indigenous Peoples; Right to Clean Environment; Environmental Litigation; Clean Energy; Sustainable Development; Environmental Policy
  • Funding: No funding
  • eBook:

Advances in Environmental Law

Foreword by: Prof. Dr. Anatoly Getman

Edited by: Hasrat Arjjumend

Chapter 3 Overview Chapters

Environmental Justice and Globalization: Putting a Focus on Indigenous Peoples and Local Community Rights and Perspectives

Álvaro Augusto Sanabria-Rangel


The right to participate in matters of local importance for communities as well as for Indigenous Peoples are increasingly recognized. This chapter analyses the continuous existence of deterrents to environmental justice from the perspective of social leaders who have worked in the defence of environmental and Indigenous rights in Colombia, Peru and Chile. This chapter argues that community rights and interests are relegated as a consequence of notions of development that are solely based on economic growth. This lack of a proper balance between a market-driven vision of development with local and Indigenous perspectives of development is manifested in different obstacles to effective participation and could also be explained by post-colonial dynamics. The research identifies seven particular obstacles that environmental and Indigenous rights defenders face to make their voices and perspectives be heard, namely: a total denial to binding mechanisms for participation, lack of information and transparency surrounding projects with a significant impact to local environments, unwillingness of State actors to supervise extractive industries, lack of access to environmental justice, lack of recognition by local authorities, in particular of Indigenous representatives, deception to the agreements between mining companies and the local communities as well as bureaucratic practices and judicial persecution, stigmatization and threats to the lives of environmental and Indigenous leaders.


Right to participation; Indigenous rights; Community rights; Environmental rights; Inter-American Court of Human Rights; Neoliberalism

Recommended Citation

Álvaro A. Sanabria-Rangel, ‘Environmental Justice and Globalization: Putting a Focus on Indigenous Peoples and Local Community Rights and Perspectives’ in Hasrat Arjjumend (ed), Advances in Environmental Law (TGI Books/ The Grassroots Institute, Montreal/Vancouver, Canada, 2024), pp. 71-96. ISBN: 978-1-7778455-2-0.

Open Access. Copyright © 2024 the author(s), published by TGI Books/ The Grassroots Institute. This work is licensed under the Creative Commons Attribution- Non Commercial - No Derivatives 4.0 International License. This work was first published as an article in the JELP journal of the same publisher with Doi: This Chapter is the revised 2nd edition.

Edited by Dr. Hasrat Arjjumend

About the Author(s)

Álvaro Augusto Sanabria-Rangel

About this book

Open Access

"Advances in Environmental Law" is a ground-breaking exploration of the ever-evolving field of environmental jurisprudence, providing a comprehensive examination of key themes such as Environmental Law, Climate Law, European Law, Globalization, Indigenous Peoples, Right to Clean Environment, Environmental Litigation, Clean Energy, Sustainable Development, and Environmental Policy. Authored by leading experts in the field, this book serves as a vital resource for legal professionals, policymakers, academics, and anyone passionate about the intersection of law and environmental sustainability.

Foreworded by eminent and high stature legal scientist, Prof. Dr. Anatoly Getman, who is State honoured esteemed Rector of Ukraine’s the only National Law University in the name of Yaroslav the Wise, this book begins by dissecting the foundations of Environmental Law, offering a detailed analysis of international and domestic legal frameworks that shape environmental governance. It delves into the intricate web of treaties, conventions, and agreements that guide nations in their commitment to preserving the planet's health.

A significant focus is placed on Climate Law, exploring the legal mechanisms designed to address the urgent challenges of climate change. The book navigates through international climate agreements, domestic legislation, and the role of environmental courts in shaping policies aimed at mitigating and adapting to the impacts of a changing climate. In the context of European Law, the book investigates the specific legal frameworks within the European Union that govern environmental protection and sustainability. It explores landmark cases and legislative developments that have shaped the continent's approach to ecological conservation and climate action.

Globalization emerges as a key theme, with the book scrutinizing the legal implications of interconnected economies on environmental practices. It addresses the challenges and opportunities presented by the globalized nature of environmental issues, emphasizing the need for transnational cooperation and legal instruments. Indigenous Peoples' rights and their role in environmental governance are explored in depth, recognizing the unique perspectives and contributions of indigenous communities in environmental conservation. The book critically examines legal frameworks that safeguard indigenous knowledge and territories.

The Right to a Clean Environment is a fundamental principle underpinning the book's exploration. It discusses the evolution of this right and its implications for legal systems worldwide, emphasizing its role in shaping environmental policies and promoting justice. Environmental Litigation is scrutinized as a powerful tool for advocacy and accountability. The book analyses landmark environmental cases, shedding light on the role of the judiciary in influencing environmental policies and holding violators accountable. Clean Energy and Sustainable Development are discussed in the context of legal frameworks that promote the transition to environmentally friendly practices. The book examines the role of law in incentivizing clean energy initiatives and fostering sustainable development. Environmental Policy is a recurring theme throughout the book, with a focus on the development, implementation, and evaluation of policies aimed at addressing pressing environmental challenges.

Thus, the "Advances in Environmental Law" is a timely and authoritative work that not only captures the current state of environmental jurisprudence but also paves the way for future developments in the field. With its interdisciplinary approach and emphasis on global perspectives, this book is an invaluable resource for anyone seeking a deeper understanding of the intricate interplay between law, the environment, and sustainable development.


  • Ecosystem Approach
  • Convention on Biological Diversity
  • Convention on Biological Diversity
  • Indigenous People
  • Alien Species
  • Right to Clean Environment
  • Environmental Harm
  • Transboundary Pollution
  • International Law
  • Environmental Impact Assessment
  • Environmental Law
  • Economic Law
  • Climate Change Regulations
  • Burden of Proof
  • Clean Energy
  • EU Energy Legislation
  • Sustainable Development
  • Decentralization
  • Environmental Policy
  • Environmental Strategy
  • European Law


Arjjumend, H. (ed.) (2024). Advances in Environmental Law. Montreal/Vancouver, Canada: The Grassroots Institute, ISBN: 978-1-7778455-2-0. Doi:

About the Editor

Hasrat Arjjumend

Table of Contents

Abbreviations ix-xiii
List of Tables and Figures xiv
Foreword xv-xix
Chapter 1 Introduction to Advances in Environmental Law - Hasrat Arjjumend 1-20
Chapter 2 The Ecosystem Approach in International Environmental Law before the Convention on Biological Diversity - Yevhenii Suietnov 21-70
Chapter 3 Environmental Justice and Globalization: Putting a Focus on Indigenous Peoples and Local Community Rights and Perspectives - Álvaro Augusto Sanabria-Rangel 71-96
Chapter 4 Ecosystem Approach in Dealing with Invasive Alien Species: International, European and Ukrainian Experience of Legal Regulation - Yevhenii Suietnov, Elbis Tulina 97-124
Chapter 5 Conceptual Challenges to the Recognition and Enforcement of the Right to Clean, Safe and Healthy Environment - Brown Etareri Umukoro, Oghenerukevwe Ituru 125-160
Chapter 6 Prospects and Challenges to Prove Environmental Harm in Litigation: Status Quo in Nigeria - Awodezi Henry 161-182
Chapter 7 International Trade and Environmental Protection: Revisiting David Hunter’s “Invisible Elbow Destroying the Common Goods Created by an Invisible Hand” - Peter Nyeronvwo Komiti 183-208
Chapter 8 International Law Application to Transboundary Pollution: Solutions to Mitigate Mining Contamination in the Elk–Kootenai River Watershed - Kieran Simpson, Ben R. Collison 209-244
Chapter 9 Convergence of Environmental and Economic Law in the Sphere of Environmental Protection and Natural Resource Management in Ukraine - Viktoriia Bredikhina, Dmitro Zadykhaylo 245-274
Chapter 10 The Legal Landscape of Climate Change in Ukraine: Challenges and Prospects - Ievgeniia Kopytsia 275-302
Chapter 11 The Extent of Causality and Burden of Proof for Climate Related Intangible Loss Damage in At-Risk Settlements (Fiji Islands) - Dan Frederick Orcherton 303-334
Chapter 12 Using Clean Energy for Sustainable Development in Vietnam: Facts and Solutions - Pham Thanh Nga 335-356
Chapter 13 Integrating Water, Energy, and Food Strategies: Impact on Malawi's Sustainable Development Goals Achievement - Ngozi Finette Unuigbe, Aizenose Promise Ehizojie 357-398
Chapter 14 The Role of Energy Directives in Ensuring EU Energy Security and the Problems of Implementation in Ukrainian Legislation - Ievgenii Shulga, Nataliia Shynkaruk, Stanislav Shytyi, Ievgen Antypov 399-424
Chapter 15 Ukrainian Reform of State Power Decentralization as a Way to Sustainable Development: Ecological and Legal Aspects - Olena Zaiets, Tetiana Kovalenko, Tetiana Shokha, Yulyia Vlasenko, Elina Pozniak 425-470
Chapter 16 Legal Dimensions of Environmental Policy in Ukraine - Sergii Marko, Vitaliy Kovalenko, Oleksandr Kolb, Olena Bondarenko, Sandra Boldizhar 471-504
Chapter 17 The Relationship between Environmental Policy and Foreign Direct Investment - Alla Pecheniuk, Iryna Mushenyk, Nataliia Korzh, Iryna Mazurkevych, Nadiia Oliinuk 505-532
Chapter 18 Conclusion - Hasrat Arjjumend 533-550
List of Reviewers 551-555
About the Editor 556
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