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
Jaksa, Matthew F.
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.