Jessika Eichler
Biographic Data
| ID | 233991 |
|---|---|
| NAME | Jessika Eichler |
| GIVEN NAMES | Jessika |
| FAMILY NAME | Eichler |
| SIGNATURE | EICHLER J |
| AFFILIATIONS | University of Essex |
| ORCID | 0000-0003-1482-0504 |
| VERIFIED | Yes |
| TOTAL WORKS | 12 |
| TOTAL CITATIONS | 40 |
| AUTHOR COUNT | 12 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 2016 |
| LATEST PUBLICATION YEAR | 2023 |
| H-INDEX | 2 |
Subjects of Intergenerational Justice: Indigenous Philosophy, the Environment and Relationships by Christine J. Winter. Abingdon: Routledge, 2022
Proceduralising indigenous peoples’ demands: Indigenous environmental rights and legal pluralism in contemporary jurisprudence
Biodiversity, climate change and environmental protection are commonly associated with indigenous peoples’ customs and holistic cosmovisions. This paper strives to uncover the legal rationale thereof, notably by identifying the procedural dimension underlying “indigenous environmental rights”, and the importance of collective and intergenerational rights in channelling indigenous environmental rights into dominant legal orders while facilitating …
Disentangling the Vernacular in Bolivia and Decolonising the Law: Epistemological-Legal Perspectives on the Encounters between Indigenous Peoples and the State
This piece critically engages with the spaces of encounter between indigenous peoples and the (Bolivian) State by exploring indigenous subordination and inequalities in a socio-legal sense. It explores ‘epistemological oppression’ and ‘epistemological hesitance’ as it arises and is being responded to in i ) the vernacular, in empirical realities, ii ) in constitutional law and its principles, iii ) and in international legal orders including indi…
The transformative forces of international law? Questioning equality regimes from a multi-level perspective
This article approaches current constitutional conservatism in Europe, focusing on the limits of equality rights regimes. These frameworks, it is argued, provide little leverage for positive discrimination to become articulated, let alone for them to be implemented by public policies. Equality regimes are further disentangled by means of a multidimensional reading of legal orders: particular attention is devoted to international human rights law …
Contemporary forms of cultural genocide in the natural resource sector: Indigenous peoples’ perspectives from Bolivia and Colombia
This article re-conceptualises genocide on indigenous peoples by disentangling its cultural dimensions. Extractive and similar operations gradually deteriorate lands and environment, exerting severe impacts on territorial rights, eventually on their physical and cultural annihilation. The article approaches the crime of genocide in both its physical and cultural dimensions, demanding its integration into IHRL and criminal law. Recent ethnographic…
Intangible cultural heritage, inequalities and participation: Who decides on heritage
Ever since the adoption of the Convention for the Safeguarding of the Intangible Cultural Heritage (CSICH) in 2003, indigenous and minority cultural rights have enjoyed increasing recognition. At the same time, they have been exposed to public discourses and homogenising language that might detrimentally affect their right to access and participation in the creation of intangible cultural heritage (ICH) and ultimately cultural life. As a conseque…
The Prior Consultation of Indigenous Peoples in Latin America: Inside the Implementation Gap ed. by Claire Wright & Alexandra Tomaselli
Reviewed by: The Prior Consultation of Indigenous Peoples in Latin America: Inside the Implementation Gap ed. by Claire Wright & Alexandra Tomaselli Jessika Eichler (bio) The Prior Consultation of Indigenous Peoples in Latin America: Inside the Implementation Gap Claire Wright & Alexandra Tomaselli eds., Routledge 2019), ISBN 9781138488069, 294 pages. Indigenous peoples' struggle for lands, territories and natural resources represents one of the …
Neo-extractivist controversies in Bolivia: Indigenous perspectives on global norms
Ever since Evo Morales Ayma became Bolivia's first indigenous president in 2006 and the promulgation of a human-rights-enhancing Constitution (2009) thereafter, indigenous peoples’ rights were gradually recognised. Yet, with the increasing demand for natural resources, indigenous communities have been adversely affected by the state's neo-extractivist policies. While global indigenous rights norms protect their fundamental rights, legal-implement…
Indigenous Intermediaries in Prior Consultation Processes: Bridge Builders or Silenced Voices
El derecho a la consulta previa ejemplifica uno de los avances jurídicos más fundamentales en Latino América y específicamente el estado plurinacional de Bolivia. El sector hidrocarburífero en el Gran Chaco boliviano demuestra qué desafíos afrontamos hoy en día. Esta contribución busca iluminar un desafío en la aplicación de dicho derecho en particular, el rol de intermediarios indígenas, lo que es esencial para determinar el resultado del proces…
New responses to mining extractivism in the Bolivian lowlands: The role and potential of indigenous cooperatives in self-managing mining resources
The plurinational state of Bolivia serves as role model for the implementation of indigenous peoples’ participatory rights in extractive projects. However, recent cases reveal significant deficiencies in relation to budget, corruptive practices and lacking respect for indigenous structures, customs and traditions in Chiquitano territories. This article questions the legitimacy of said processes and demands alternatives to guarantee indigenous peo…
The Shady Side of Consultation and Compensation: Divide-and-Rule' Tactics in Bolivia's Extraction Sector
The rights to prior consultation and compensation have been established within the framework of international indigenous peoples' rights. However, in practice these processes have often gone hand in hand with adverse social consequences for local populations, such as the exacerbation of conflicts, the division of communities and the weakening of indigenous organizations. These phenomena have received little attention, despite their great relevanc…
Indigenous Peoples’ Land Rights in the Bolivian Lowlands
Land destitution and expropriations disproportionally affect indigenous peoples’ ancestral lands in the Bolivian lowlands, namely Guaraní communities. Due to recent extractive projects in the lowlands land rights are seriously infringed. The close relationship with indigenous peoples’ lands and its significance for survival generates vulnerabilities. This concerns indigenous communities and individual community members in particular. This article…
Intangible cultural heritage, inequalities and participation: Who decides on heritage
Ever since the adoption of the Convention for the Safeguarding of the Intangible Cultural Heritage (CSICH) in 2003, indigenous and minority cultural rights have enjoyed increasing recognition. At the same time, they have been exposed to public discourses and homogenising language that might detrimentally affect their right to access and participation in the creation of intangible cultural heritage (ICH) and ultimately cultural life. As a conseque…
The Shady Side of Consultation and Compensation: Divide-and-Rule' Tactics in Bolivia's Extraction Sector
The rights to prior consultation and compensation have been established within the framework of international indigenous peoples' rights. However, in practice these processes have often gone hand in hand with adverse social consequences for local populations, such as the exacerbation of conflicts, the division of communities and the weakening of indigenous organizations. These phenomena have received little attention, despite their great relevanc…
Neo-extractivist controversies in Bolivia: Indigenous perspectives on global norms
Ever since Evo Morales Ayma became Bolivia's first indigenous president in 2006 and the promulgation of a human-rights-enhancing Constitution (2009) thereafter, indigenous peoples’ rights were gradually recognised. Yet, with the increasing demand for natural resources, indigenous communities have been adversely affected by the state's neo-extractivist policies. While global indigenous rights norms protect their fundamental rights, legal-implement…
New responses to mining extractivism in the Bolivian lowlands: The role and potential of indigenous cooperatives in self-managing mining resources
The plurinational state of Bolivia serves as role model for the implementation of indigenous peoples’ participatory rights in extractive projects. However, recent cases reveal significant deficiencies in relation to budget, corruptive practices and lacking respect for indigenous structures, customs and traditions in Chiquitano territories. This article questions the legitimacy of said processes and demands alternatives to guarantee indigenous peo…
Indigenous Peoples’ Land Rights in the Bolivian Lowlands
Land destitution and expropriations disproportionally affect indigenous peoples’ ancestral lands in the Bolivian lowlands, namely Guaraní communities. Due to recent extractive projects in the lowlands land rights are seriously infringed. The close relationship with indigenous peoples’ lands and its significance for survival generates vulnerabilities. This concerns indigenous communities and individual community members in particular. This article…
Contemporary forms of cultural genocide in the natural resource sector: Indigenous peoples’ perspectives from Bolivia and Colombia
This article re-conceptualises genocide on indigenous peoples by disentangling its cultural dimensions. Extractive and similar operations gradually deteriorate lands and environment, exerting severe impacts on territorial rights, eventually on their physical and cultural annihilation. The article approaches the crime of genocide in both its physical and cultural dimensions, demanding its integration into IHRL and criminal law. Recent ethnographic…
Indigenous Intermediaries in Prior Consultation Processes: Bridge Builders or Silenced Voices
El derecho a la consulta previa ejemplifica uno de los avances jurídicos más fundamentales en Latino América y específicamente el estado plurinacional de Bolivia. El sector hidrocarburífero en el Gran Chaco boliviano demuestra qué desafíos afrontamos hoy en día. Esta contribución busca iluminar un desafío en la aplicación de dicho derecho en particular, el rol de intermediarios indígenas, lo que es esencial para determinar el resultado del proces…
Indigenous Peoples’ Land Rights in the Bolivian Lowlands
Land destitution and expropriations disproportionally affect indigenous peoples’ ancestral lands in the Bolivian lowlands, namely Guaraní communities. Due to recent extractive projects in the lowlands land rights are seriously infringed. The close relationship with indigenous peoples’ lands and its significance for survival generates vulnerabilities. This concerns indigenous communities and individual community members in particular. This article…
New responses to mining extractivism in the Bolivian lowlands: The role and potential of indigenous cooperatives in self-managing mining resources
The plurinational state of Bolivia serves as role model for the implementation of indigenous peoples’ participatory rights in extractive projects. However, recent cases reveal significant deficiencies in relation to budget, corruptive practices and lacking respect for indigenous structures, customs and traditions in Chiquitano territories. This article questions the legitimacy of said processes and demands alternatives to guarantee indigenous peo…
The Shady Side of Consultation and Compensation: Divide-and-Rule' Tactics in Bolivia's Extraction Sector
The rights to prior consultation and compensation have been established within the framework of international indigenous peoples' rights. However, in practice these processes have often gone hand in hand with adverse social consequences for local populations, such as the exacerbation of conflicts, the division of communities and the weakening of indigenous organizations. These phenomena have received little attention, despite their great relevanc…
Neo-extractivist controversies in Bolivia: Indigenous perspectives on global norms
Ever since Evo Morales Ayma became Bolivia's first indigenous president in 2006 and the promulgation of a human-rights-enhancing Constitution (2009) thereafter, indigenous peoples’ rights were gradually recognised. Yet, with the increasing demand for natural resources, indigenous communities have been adversely affected by the state's neo-extractivist policies. While global indigenous rights norms protect their fundamental rights, legal-implement…
Indigenous Intermediaries in Prior Consultation Processes: Bridge Builders or Silenced Voices
El derecho a la consulta previa ejemplifica uno de los avances jurídicos más fundamentales en Latino América y específicamente el estado plurinacional de Bolivia. El sector hidrocarburífero en el Gran Chaco boliviano demuestra qué desafíos afrontamos hoy en día. Esta contribución busca iluminar un desafío en la aplicación de dicho derecho en particular, el rol de intermediarios indígenas, lo que es esencial para determinar el resultado del proces…
Intangible cultural heritage, inequalities and participation: Who decides on heritage
Ever since the adoption of the Convention for the Safeguarding of the Intangible Cultural Heritage (CSICH) in 2003, indigenous and minority cultural rights have enjoyed increasing recognition. At the same time, they have been exposed to public discourses and homogenising language that might detrimentally affect their right to access and participation in the creation of intangible cultural heritage (ICH) and ultimately cultural life. As a conseque…
The Prior Consultation of Indigenous Peoples in Latin America: Inside the Implementation Gap ed. by Claire Wright & Alexandra Tomaselli
Reviewed by: The Prior Consultation of Indigenous Peoples in Latin America: Inside the Implementation Gap ed. by Claire Wright & Alexandra Tomaselli Jessika Eichler (bio) The Prior Consultation of Indigenous Peoples in Latin America: Inside the Implementation Gap Claire Wright & Alexandra Tomaselli eds., Routledge 2019), ISBN 9781138488069, 294 pages. Indigenous peoples' struggle for lands, territories and natural resources represents one of the …
Contemporary forms of cultural genocide in the natural resource sector: Indigenous peoples’ perspectives from Bolivia and Colombia
This article re-conceptualises genocide on indigenous peoples by disentangling its cultural dimensions. Extractive and similar operations gradually deteriorate lands and environment, exerting severe impacts on territorial rights, eventually on their physical and cultural annihilation. The article approaches the crime of genocide in both its physical and cultural dimensions, demanding its integration into IHRL and criminal law. Recent ethnographic…
Disentangling the Vernacular in Bolivia and Decolonising the Law: Epistemological-Legal Perspectives on the Encounters between Indigenous Peoples and the State
This piece critically engages with the spaces of encounter between indigenous peoples and the (Bolivian) State by exploring indigenous subordination and inequalities in a socio-legal sense. It explores ‘epistemological oppression’ and ‘epistemological hesitance’ as it arises and is being responded to in i ) the vernacular, in empirical realities, ii ) in constitutional law and its principles, iii ) and in international legal orders including indi…
The transformative forces of international law? Questioning equality regimes from a multi-level perspective
This article approaches current constitutional conservatism in Europe, focusing on the limits of equality rights regimes. These frameworks, it is argued, provide little leverage for positive discrimination to become articulated, let alone for them to be implemented by public policies. Equality regimes are further disentangled by means of a multidimensional reading of legal orders: particular attention is devoted to international human rights law …
Subjects of Intergenerational Justice: Indigenous Philosophy, the Environment and Relationships by Christine J. Winter. Abingdon: Routledge, 2022
Proceduralising indigenous peoples’ demands: Indigenous environmental rights and legal pluralism in contemporary jurisprudence
Biodiversity, climate change and environmental protection are commonly associated with indigenous peoples’ customs and holistic cosmovisions. This paper strives to uncover the legal rationale thereof, notably by identifying the procedural dimension underlying “indigenous environmental rights”, and the importance of collective and intergenerational rights in channelling indigenous environmental rights into dominant legal orders while facilitating …
Political science (12 works) · Law (11 works) · Indigenous (9 works) · Sociology (9 works) · Law (8 works) · Environmental ethics (6 works) · Ecology (5 works) · Human rights (5 works) · Indigenous rights (5 works) · Indigenous Peoples' Rights and Law (4 works)