Year: 2023
Type: book-chapter
Abstract: This chapter focuses on the role of cultural expertise in ecological controversies related to the legal status of ecological traditions and practices of Indigenous communities. It questions the cultural and historical biases embedded in Eurocentric legal systems and the complexities and tensions that characterize the involvement of cultural experts in these conflicts. This chapter analyses three case studies: the legal debates over the ceremonial use of peyote by Native American communities; the protection of the rights of Indigenous communities to their ancestral lands in Latin America in the Awas Tingni case before the Inter-American Court of Human Rights; and the efforts of the Makah Tribe to obtain a quota in order to resume traditional whaling. After reading this chapter you will have learnt about the intermediation of anthropologists, religious scholars and historians in order to assist legal institutions to understand Indigenous ecologies, which often lie at the heart of the material and cultural life of these communities.
Source: Routledge eBooks
Author: Aurélien Bouayad
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4366774816