{"title":"Communities’ Sacred Mountains vs. State-owned Natural Resources – Towards a Rights-based Governance of Cultural and Biological Diversity in China","authors":"Yong-li Zhou","doi":"10.1080/18918131.2021.1991619","DOIUrl":null,"url":null,"abstract":"ABSTRACT In the multi-nation society of China, disputes related to the beliefs and customs of indigenous communities in the process of the state’s natural resources management have been increasing because of sports activities, tourism, extractive industries, hydropower and other infrastructure constructions. From a legal pluralism perspective, with a focus on the Tibetan mountain cult in the Kawagebo (Mt. Meili) mountain area, this research argues the existence of two types of governances based on different worldview, beliefs, normative frameworks and management practices: the community spiritual governance (CSG) and the state resources governance (SRG). By analysing the institutional constraints to, and the potentials of recognising the spiritual significance of, sacred mountains and rights of indigenous communities, this research justifies a pathway of turning SRG towards a ‘rights-based governance’ for coordinating these conflicts.","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":"72 2 1","pages":"508 - 529"},"PeriodicalIF":0.7000,"publicationDate":"2021-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Nordic Journal of Human Rights","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/18918131.2021.1991619","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"POLITICAL SCIENCE","Score":null,"Total":0}
引用次数: 0
Abstract
ABSTRACT In the multi-nation society of China, disputes related to the beliefs and customs of indigenous communities in the process of the state’s natural resources management have been increasing because of sports activities, tourism, extractive industries, hydropower and other infrastructure constructions. From a legal pluralism perspective, with a focus on the Tibetan mountain cult in the Kawagebo (Mt. Meili) mountain area, this research argues the existence of two types of governances based on different worldview, beliefs, normative frameworks and management practices: the community spiritual governance (CSG) and the state resources governance (SRG). By analysing the institutional constraints to, and the potentials of recognising the spiritual significance of, sacred mountains and rights of indigenous communities, this research justifies a pathway of turning SRG towards a ‘rights-based governance’ for coordinating these conflicts.
期刊介绍:
The Nordic Journal of Human Rights is the Nordic countries’ leading forum for analyses, debate and information about human rights. The Journal’s aim is to provide a cutting-edge forum for international academic critique and analysis in the field of human rights. The Journal takes a broad view of human rights, and wishes to publish high quality and cross-disciplinary analyses and comments on the past, current and future status of human rights for profound collective reflection. It was first issued in 1982 and is published by the Norwegian Centre for Human Rights at the University of Oslo in collaboration with Nordic research centres for human rights.