Regional Human Rights Systems: Indigenous Property Rights in Land and Natural Resources

2016 ◽  
Keyword(s):  
Human Rights ◽  
Property Rights ◽  
Natural Resources ◽  
Indigenous Property Rights

Nomadic Peoples and Alternate Conceptions of Place

Fully Human ◽  
2019 ◽  
pp. 129-149
Author(s):  
Lindsey N. Kingston
Keyword(s):  
Land Use ◽  
Human Rights ◽  
Property Rights ◽  
Natural Resources ◽  
Basic Needs ◽  
State Governments ◽  
Mena Region ◽  
Cultural Survival ◽  
Community Membership ◽  
Freedom Of Movement

Under pressure from sedentary majority populations, nomadic peoples face serious threats to their cultural survival and livelihood. Nomadic groups have long faced suspicion and discrimination—as illustrated by the ongoing marginalization of European Roma and Travellers, the Maasai of Tanzania and Kenya, and the Bedouin of the MENA region—and modern societies tend to see human rights, including the basic rights of freedom of movement and property rights, through a lens that privileges settlement. Indeed, nomadic peoples are often viewed with suspicion and excluded from the citizenry because they move “too much” and do not conform to majority views related to settlement, land use, and community membership. This bias leaves nomadic peoples without functioning citizenship in regard to state governments, who fail to understand their basic needs and perspectives. Resulting rights abuses center not only on rights to land and natural resources but also on cultural and political expression.

scholarly journals Natural Resources, Property Rights, and the Domestic Logic of BIT Signing

2021 ◽  
Vol 4 (1) ◽  
Author(s):  
Terence K. Teo ◽  
Keyword(s):  
Developing Countries ◽  
Human Rights ◽  
Foreign Direct Investment ◽  
Property Rights ◽  
Natural Resources ◽  
Direct Investment ◽  
Bilateral Investment Treaties ◽  
Investment Treaties

In contrast to the substantial scholarship on whether bilateral investment treaties (BITs) increase foreign direct investment (FDI), there is less work on what drives governments to sign these treaties in the first place. I develop a theory of treaty signing that emphasizes the domestic factors that motivate a government to sign BITs. Using a panel dataset of developing countries from 1960 to 2010, I find that governments scarce in natural resources are more likely to sign BITs compared to their richer counterparts. In addition, governments with middle levels of property rights are more likely to sign BITs compared to those with low or high levels. Finally, the most likely BIT signers are resource-scarce countries with middle levels of property rights. That strategic dynamics exist in BIT signing has implications for assessing the effects of these treaties in other issue areas such as trade, human rights, and the environment.

scholarly journals Natural Resources, Property Rights, and the Domestic Logic of BIT Signing

2021 ◽  
Author(s):  
Terence K. Teo
Keyword(s):  
Developing Countries ◽  
Human Rights ◽  
Foreign Direct Investment ◽  
Property Rights ◽  
Natural Resources ◽  
Direct Investment ◽  
Bilateral Investment Treaties ◽  
Investment Treaties

In contrast to the substantial scholarship on whether bilateral investment treaties (BITs) increase foreign direct investment (FDI), there is less work on what drives governments to sign these treaties in the first place. I develop a theory of treaty signing that emphasizes the domestic factors that motivate a government to sign BITs. Using a panel dataset of developing countries from 1960 to 2010, I find that governments scarce in natural resources are more likely to sign BITs compared to their richer counterparts. In addition, governments with middle levels of property rights are more likely to sign BITs compared to those with low or high levels. Finally, the most likely BIT signers are resource-scarce countries with middle levels of property rights. That strategic dynamics exist in BIT signing has implications for assessing the effects of these treaties in other issue areas such as trade, human rights, and the environment.

PRODUKSI GULA MERAH DI RT 002 RW 002 DESA SLUMBUNG KECAMATAN NGADILUWIH KABUPATEN KEDIRI BERDASARKAN PERSPEKTIF ISLAM

2019 ◽  
Vol 2 (1) ◽  
Author(s):  
Elsa Karino
Keyword(s):  
Property Rights ◽  
Natural Resources ◽  
Production Process ◽  
Key Words ◽  
Transformation Process ◽  
Economic Potential ◽  
Capital Management ◽  
Islamic Perspective ◽  
The Earth ◽  
The Creation

Production is an activity to convert inputs into outputs through the transformation process. Input in the form of man, money, method, material, machine. While the output is in the form of goods or services. The purpose of production in general is to meet individual needs. There are several factors that influence production namely land and all economic potential that is processed and cannot be separated from the production process, labor is directly related to the demands of property rights through production, and capital, management and technology. In production there are various types of production, namely production which is intermittent and continuous. The production, if viewed from an Islamic perspective, it must fulfill the following principles. First, produce in a halal circle. Second, managing natural resources in production is interpreted as the process of creating wealth by utilizing natural resources must rely on the vision of the creation of this nature and along with the vision of human creation, namely as a blessing for all nature. Third, the Caliph on the earth is not only based on the activity of producing the usefulness of an item but work is done with the motive of benefiting to seek the pleasure of Allah SWT. Key Words: Production, Red Sugar, benefiting

Popular Resource Sovereignty

2018 ◽  
Author(s):  
Leif Wenar
Keyword(s):  
Human Rights ◽  
Natural Resources ◽  
Large Scale ◽  
Good Reason ◽  
Resource Curse ◽  
Civil Conflict ◽  
Popular Sovereignty ◽  
State Sovereignty ◽  
The People ◽  
Rich Countries

Article 1 of both of the major human rights covenants declares that the people of each country “shall freely dispose of their natural wealth and resources.” This chapter considers what conditions would have to hold for the people of a country to exercise this right—and why public accountability over natural resources is the only realistic solution to the “resource curse,” which makes resource-rich countries more prone to authoritarianism, civil conflict, and large-scale corruption. It also discusses why cosmopolitans, who have often been highly critical of prerogatives of state sovereignty, have good reason to endorse popular sovereignty over natural resources. Those who hope for more cosmopolitan institutions should see strengthening popular resource sovereignty as the most responsible path to achieving their own goals.

Protecting Natural Resources

2018 ◽  
Author(s):  
Jérémie Gilbert
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
Natural Resources ◽  
Environmental Law ◽  
Legal Framework ◽  
Human Rights Law ◽  
International Environmental Law ◽  
Conservation Of Natural Resources ◽  
The Relationship ◽  
Do So

This chapter focuses on the connection between the international legal framework governing the conservation of natural resources and human rights law. The objective is to examine the potential synergies between international environmental law and human rights when it comes to the protection of natural resources. To do so, it concentrates on three main areas of potential convergence. It first focuses on the pollution of natural resources and analyses how human rights law offers a potential platform to seek remedies for the victims of pollution. It next concentrates on the conservation of natural resources, particularly on the interconnection between protected areas, biodiversity, and human rights law. Finally, it examines the relationship between climate change and human rights law, focusing on the role that human rights law can play in the development of the current climate change adaptation and mitigation frameworks.

Property and Expropriation: Two Concepts Revisited in the Light of the Case Law of the European Court of Human Rights and the European Court of Justice

2019 ◽  
Vol 8 (2) ◽  
pp. 172-191
Author(s):  
Sabrina Praduroux
Keyword(s):  
Human Rights ◽  
Property Rights ◽  
Economic Value ◽  
Case Law ◽  
European Court Of Justice ◽  
Property Law ◽  
Court Of Justice ◽  
European Court ◽  
Key Concepts ◽  
Domestic Law

Abstract In the late 1950 s René Savatier foretold that the qualification of economic value itself as property (bien) would have been the ultimate evolution of the theory of property rights. This prediction has come true with regard to the case law of the European Court of Human Rights (ECtHR) and the European Court of Justice (CJEU). This paper investigates the implications of the understanding of property developed by the two European Courts on the concept of expropriation itself as well as for the principles governing expropriation law. Hence, the paper illustrates the role played by both the ECtHR and the CJEU in laying down the parameters of legitimacy for national law, including property law. Within this context, the focus falls on cases in which the Courts characterize the facts as deprivation of property requiring for compensation, even though the relevant property could not be the object of expropriation under the domestic law of the defendant State. My contribution brings new insights into the current transformation of the traditional property categories and suggests the reinterpretation of some key concepts of expropriation law.

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