نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
The climate crisis, by creating a contradiction between the responsibility of developed nations and the vulnerability of Indigenous communities, represents one of the most profound challenges to international law. [Problem] This research seeks to examine whether recent developments in international law have successfully elevated the protection of Indigenous peoples' rights from mere normative recognition to a level of effective and enforceable obligations. The article hypothesizes that the sustained advocacy of Indigenous communities has compelled international law to evolve across three levels: the development of jurisprudence, the strengthening of normative frameworks, and the expansion of state responsibility; however, this transformation remains incomplete due to weak enforcement mechanisms and the persistence of "green colonialism" patterns. Employing a descriptive-analytical method, this study analyzes international instruments, judicial precedents most notably the 2022 decision in Daniel Billy et al. v. Australia and the 2025 Advisory Opinion of the International Court of Justice and a case study of the Canadian experience. The findings reveal that while state inaction on climate change is now recognized as a direct violation of human rights and Indigenous knowledge is acknowledged in assessing climate impacts, a profound gap persists between the recognition of rights and their practical realization, particularly regarding the principle of Free, Prior, and Informed Consent (FPIC). Ultimately, the article concludes that the resilience of international law in the face of the climate crisis is the product of the sustained resistance and presence of Indigenous peoples, who must be moved from the margins to the center of climate governance.
کلیدواژهها English