Journal of Environmental Law & Litigation : Vol. 21, No. 1, p.157-206 : Putting the Sustainable Back in Sustainable Development: Recognizing and Enforcing Indigenous Property Rights as a Pathway to Global Environmental Sustainability
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Date
2006
Authors
Jaksa, Matthew F.
Journal Title
Journal ISSN
Volume Title
Publisher
University of Oregon School of Law
Abstract
This Comment proceeds in four parts. Part I traces the historical
development of the colonialist conception of indigenous
property rights, and describes how that conception continues to
facilitate the developed world’s exploitation of indigenous peoples,
territories, and resources. Part II discusses the failings of
the sustainable development model in international environmental
law. Part III proposes that using international law to
decolonize the developed world’s conception of indigenous property
rights can play a significant role in realizing the goal of environmental
sustainability. Part IV examines the Inter-American
Human Rights System as a positive model for further advancements
in the field of indigenous property rights, both in terms of its expansive interpretations of existing human rights documents
and a draft proposal directly addressing indigenous rights.
Description
50 p.
Keywords
Citation
21 J. ENVTL. L. & LITIG. 157 (2006)