Collective property rights reduce deforestation in the Brazilian Amazon

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.

Unresolved Injustice: An Examination of Indigenous Legal Issues in Australia

Indigenous legal issues are to some extent a neglected and misunderstood subject in the Australian political and legal sphere. Where there is unresolved injustice, there is suffering. Similarly, where there is misunderstanding, there is ignorance. Therefore, the purpose of this paper is to explore Indigenous legal issues and potential solutions through an examination and analysis of relevant sources. The subjects of discussion in this paper include the limited extent that Aboriginal customary law is recognised under Commonwealth law; the impact of Australian law on Indigenous people; the over-representation of Indigenous people in the criminal justice system; the inadequate state of Indigenous property rights; and comparative law methodology.

Business, Indigenous Peoples’ Rights and Security in the Case Law of the Inter-American Court of Human Rights

The history of indigenous peoples from across the globe is marked by constant aggression, persecution and conflict. In these times, they are being obliged to confront the consequences of economic interests in their ancestral lands and natural resources, which often take the form of extractive projects conducted by corporate actors with the permission of governments. These abusive practices have led to a number of social, legal and political disputes, many of which have resulted in violence. All of this reveals that indigenous rights cases cannot be omitted in the study of the interrelation between business, human rights and security, since these three elements are present in many of them. In particular, the case law of the Inter-American Court of Human Rights needs to be closely examined, as it is considered to be the regional system of human rights protection that has played the most prominent role in delimitating indigenous property rights.

Land Assurance Process Execution Property Rights Of Indigenous Which Still In The Application Process Rights Used As Credit Guarantee

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.