International lawyer and legal consultant. Current interests include climate change and climate justice, the environment, Amerindian peoples, indigenous peoples, right of self-determination of the West Papuan peoples. I am also counsel on a case challenging oil production of the coast of Guyana
This article examines the first climate change constitutional case in the English-speaking Caribb... more This article examines the first climate change constitutional case in the English-speaking Caribbean. The case challenges the oil and gas buildout offshore Guyana, a new frontier for petroleum. This may be the biggest climate change case to date based on the amount of greenhouse gas pollu-tion at stake or on the amount of potential liability arising from harm to the ocean. The article locates the case in current climate litigation. However, it characterizes the problem as greenhouse gas pollution and not climate change, which it treats as a symptom. The case raises interesting questions about the court’s obligation to take into account international law in deter-mining the scope of the State’s constitutional duty to citizens for a healthy environment. It also flags the difficulty of applying international law to determine the climate obligations of a carbon sink. The case is ongoing.
This article examines the first climate change constitutional case in the English-speaking Caribb... more This article examines the first climate change constitutional case in the English-speaking Caribbean. The case challenges the oil and gas buildout offshore Guyana, a new frontier for petroleum. This may be the biggest climate change case to date based on the amount of greenhouse gas pollu-tion at stake or on the amount of potential liability arising from harm to the ocean. The article locates the case in current climate litigation. However, it characterizes the problem as greenhouse gas pollution and not climate change, which it treats as a symptom. The case raises interesting questions about the court’s obligation to take into account international law in deter-mining the scope of the State’s constitutional duty to citizens for a healthy environment. It also flags the difficulty of applying international law to determine the climate obligations of a carbon sink. The case is ongoing.
The paper examines indigenous land title under international law as it relates to Guyana and conc... more The paper examines indigenous land title under international law as it relates to Guyana and concludes that the requirement for pre-colonial presence would exclude many Amerindian peoples. Amerindian peoples have been settling their land claims for decades based on State grants.
In 1969 West Papua, a former Dutch colony, was classified as an Indonesian province following an ... more In 1969 West Papua, a former Dutch colony, was classified as an Indonesian province following an act of self-determination carried out under Indonesian administration. This paper examines the act of self-determination and concludes that it was a violation of the right of self-determination held by the West Papuan peoples under international law. The paper examines Indonesia's territorial claims and argues that these claims do not justify Indonesian sovereignty over West Papua. The paper concludes that Indonesia's presence in West Papua is illegal and that this illegality is the basis for continuing conflict in West Papua. The paper ends by suggesting that there should be a proper act of self-determination in accordance with international law, to settle finally the international status of West Papua.
Under Guyana's laws the WaiWai people of Guyana own thier land absolutely and forever. In 2007 th... more Under Guyana's laws the WaiWai people of Guyana own thier land absolutely and forever. In 2007 they created a protected area over their entire territory of 2,300 square miles. Co-authored with Cemci Sose, WaiWai Kayaritomo.
Examines the consultative and legal process resulting in the Amerindian Act 2006 and statutory re... more Examines the consultative and legal process resulting in the Amerindian Act 2006 and statutory recognition of self-determination in relation to land and resources
Settling Amerindian land claims using the Amerindian Act 2006 - guaranteeing collective ownership... more Settling Amerindian land claims using the Amerindian Act 2006 - guaranteeing collective ownership and absolute title. Recognising the spiritual relationship with land
Examines the submissions made to the Constitution Reform Commission in Guyana and concludes that ... more Examines the submissions made to the Constitution Reform Commission in Guyana and concludes that Amerindians received very little of what they asked for
The Amerindian Act 2006 altered the mining regime in Guyana by giving Amerindians control over mi... more The Amerindian Act 2006 altered the mining regime in Guyana by giving Amerindians control over minerals. Miners must get the permission from Amerindian community landowners before mining on their lands
A look at the special statutory regime in Guyana to guarantee land rights and internal self-deter... more A look at the special statutory regime in Guyana to guarantee land rights and internal self-determination for indigenous and non-indigenous Amerindian communities
Examines the law as it was prior to the Amerindian Act 2006. Discusses the history by which the S... more Examines the law as it was prior to the Amerindian Act 2006. Discusses the history by which the State became the legal owner of water.
This article examines the first climate change constitutional case in the English-speaking Caribb... more This article examines the first climate change constitutional case in the English-speaking Caribbean. The case challenges the oil and gas buildout offshore Guyana, a new frontier for petroleum. This may be the biggest climate change case to date based on the amount of greenhouse gas pollu-tion at stake or on the amount of potential liability arising from harm to the ocean. The article locates the case in current climate litigation. However, it characterizes the problem as greenhouse gas pollution and not climate change, which it treats as a symptom. The case raises interesting questions about the court’s obligation to take into account international law in deter-mining the scope of the State’s constitutional duty to citizens for a healthy environment. It also flags the difficulty of applying international law to determine the climate obligations of a carbon sink. The case is ongoing.
This article examines the first climate change constitutional case in the English-speaking Caribb... more This article examines the first climate change constitutional case in the English-speaking Caribbean. The case challenges the oil and gas buildout offshore Guyana, a new frontier for petroleum. This may be the biggest climate change case to date based on the amount of greenhouse gas pollu-tion at stake or on the amount of potential liability arising from harm to the ocean. The article locates the case in current climate litigation. However, it characterizes the problem as greenhouse gas pollution and not climate change, which it treats as a symptom. The case raises interesting questions about the court’s obligation to take into account international law in deter-mining the scope of the State’s constitutional duty to citizens for a healthy environment. It also flags the difficulty of applying international law to determine the climate obligations of a carbon sink. The case is ongoing.
The paper examines indigenous land title under international law as it relates to Guyana and conc... more The paper examines indigenous land title under international law as it relates to Guyana and concludes that the requirement for pre-colonial presence would exclude many Amerindian peoples. Amerindian peoples have been settling their land claims for decades based on State grants.
In 1969 West Papua, a former Dutch colony, was classified as an Indonesian province following an ... more In 1969 West Papua, a former Dutch colony, was classified as an Indonesian province following an act of self-determination carried out under Indonesian administration. This paper examines the act of self-determination and concludes that it was a violation of the right of self-determination held by the West Papuan peoples under international law. The paper examines Indonesia's territorial claims and argues that these claims do not justify Indonesian sovereignty over West Papua. The paper concludes that Indonesia's presence in West Papua is illegal and that this illegality is the basis for continuing conflict in West Papua. The paper ends by suggesting that there should be a proper act of self-determination in accordance with international law, to settle finally the international status of West Papua.
Under Guyana's laws the WaiWai people of Guyana own thier land absolutely and forever. In 2007 th... more Under Guyana's laws the WaiWai people of Guyana own thier land absolutely and forever. In 2007 they created a protected area over their entire territory of 2,300 square miles. Co-authored with Cemci Sose, WaiWai Kayaritomo.
Examines the consultative and legal process resulting in the Amerindian Act 2006 and statutory re... more Examines the consultative and legal process resulting in the Amerindian Act 2006 and statutory recognition of self-determination in relation to land and resources
Settling Amerindian land claims using the Amerindian Act 2006 - guaranteeing collective ownership... more Settling Amerindian land claims using the Amerindian Act 2006 - guaranteeing collective ownership and absolute title. Recognising the spiritual relationship with land
Examines the submissions made to the Constitution Reform Commission in Guyana and concludes that ... more Examines the submissions made to the Constitution Reform Commission in Guyana and concludes that Amerindians received very little of what they asked for
The Amerindian Act 2006 altered the mining regime in Guyana by giving Amerindians control over mi... more The Amerindian Act 2006 altered the mining regime in Guyana by giving Amerindians control over minerals. Miners must get the permission from Amerindian community landowners before mining on their lands
A look at the special statutory regime in Guyana to guarantee land rights and internal self-deter... more A look at the special statutory regime in Guyana to guarantee land rights and internal self-determination for indigenous and non-indigenous Amerindian communities
Examines the law as it was prior to the Amerindian Act 2006. Discusses the history by which the S... more Examines the law as it was prior to the Amerindian Act 2006. Discusses the history by which the State became the legal owner of water.
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Papers by Melinda Janki