scholarly journals Judicial fragmentation on indigenous property rights: causes, consequences and solutions

2017 ◽  
Vol 21 (5) ◽  
pp. 550-564
Author(s):  
Elena Abrusci
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.


Jurnal Akta ◽  
2018 ◽  
Vol 5 (3) ◽  
pp. 609
Author(s):  
Daniel Budi Hardwianto ◽  
Akhmad Khisni

This study examines the weaknesses in the execution process guarantee of property rights of indigenous land is a wedge legal certainty between Debtor and Creditor. The study also describes some of the views that aims to provide a solution to a process execution guarantee of property rights of indigenous land is still in the process of increasing the rights as loan collateral. This study uses normative juridical research method, namely the use of library materials or secondary data as the basis for research related to the Security Law, Contract Law and Land Law, as well as interviews with several parties. This study is a study that aims to find the problems as a result of activities or programs that have been implemented or may be called as a research Prescriptive. Credit Guarantees of property rights in land there is very risky because there is no umbrella law on which the creditor to carry out the execution process if the Borrower defaults, so it is necessary rigor in the process of granting the Credit Guarantee. Indigenous land rights certainly has weaknesses in its status because it has not been registered at the land office. With the weakness and absence umbrella clear laws that, it needed the additional requirements of the creditors if it wants to receive Guarantee Credit in the form of land property rights of indigenous in order to guarantee legal certainty in the execution process guarantees, one of the solutions that can be taken is to increase the land status become ownership Right.Keywords: Excecution Land Security; Indigenous Property Rights; The Application Rights; Credit Guarantees.


Sign in / Sign up

Export Citation Format

Share Document