Chapter

The Content and Scope of Indigenous Communities’ Property Rights over Lands and Natural Resources Traditionally Used

Mattias Åhrén

in Indigenous Peoples' Status in the International Legal System

Published in print March 2016 | ISBN: 9780198778196
Published online May 2016 | e-ISBN: 9780191823596 | DOI: https://dx.doi.org/10.1093/acprof:oso/9780198778196.003.0009
The Content and Scope of Indigenous Communities’ Property Rights over Lands and Natural Resources Traditionally Used

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Following the previous chapter’s conclusion that indigenous communities have established property rights over territories traditionally used, this chapter surveys what, more precisely, this right entails. More specifically, it articulates (i) to what extent the right to property awards indigenous communities with a right to offer or withhold their consent to third parties (including resource extractors) seeking access to their traditional territories, (ii) whether indigenous communities have established property rights not only over territories as such but also over natural resources situated therein, and (iii) what property rights interests indigenous communities may hold in natural resources situated on and under their land but which the community has never traditionally used, such as oil, gas, and minerals.

Keywords: Right to consent; FPIC; expropriation; natural resources; oil; minerals; benefit-sharing; genetic resources

Chapter.  9609 words. 

Subjects: Public International Law ; Human Rights and Immigration

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