Natives making space: The Softwood Lumber dispute and the legal geographies of Indigenous property rights

Geoforum ◽  
2015 ◽  
Vol 61 ◽  
pp. 138-147 ◽  
Author(s):  
Sean Robertson
Human Ecology ◽  
2012 ◽  
Vol 40 (5) ◽  
pp. 679-691 ◽  
Author(s):  
Wolfram Dressler ◽  
Melanie McDermott ◽  
Will Smith ◽  
Juan Pulhin

2020 ◽  
Vol 117 (34) ◽  
pp. 20495-20502 ◽  
Author(s):  
Kathryn Baragwanath ◽  
Ella Bayi

In this paper, we draw on common-pool resource theory to argue that indigenous territories, when granted full property rights, will be effective at curbing deforestation. Using satellite data, we test the effect of property rights on deforestation between 1982 and 2016. In order to identify causal effects, we combine a regression discontinuity design with the orthogonal timing of homologation. We find that observations inside territories with full property rights show a significant decrease in deforestation, while the effect does not exist in territories without full property rights. While these are local average treatment effects, our results suggest that not only do indigenous territories serve a human-rights role, but they are a cost-effective way for governments to preserve their forested areas. First, obtaining full property rights is crucial to recognize indigenous peoples’ original right to land and protect their territories from illegal deforestation. Second, when implemented, indigenous property rights reduce deforestation inside indigenous territories in the Amazon rainforest, and could provide an important positive externality for Brazil and the rest of the world in terms of climate change mitigation.


2001 ◽  
Vol 43 (9) ◽  
pp. 235-242 ◽  
Author(s):  
J. Sheehan

The presence of indigenous property rights and interests arising from the survival of native title in Australia presents unique issues in the management of rivers and riverine lands. Existing common law and statutory tidal and non-tidal rights are a complex overlay of public and private property rights which are themselves undergoing significant change through the commodification of many natural resources by Commonwealth and State governments, such as marine species stock and non-tidal water. The melding of indigenous values and management practices with existing management regimes for rivers and riverine lands offers considerable potential for both sustainability of resource utilisation, and respect and recognition of native title with resultant predicted benefits in the vexed area of compensation.


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