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R. Quentin Grafton, Harry W. Nelson, N. Ross Lambie and Paul R. Wyrwoll

The traditional rights to a resource, area, or practice held by a community or people but which may not formally be recognized. See community rights .

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Abdullah Saeed

The Recommended Readings listed below represent the editor’s judicious selection of the most seminal and transformative journal articles and book chapters within this particular field of study. The Recommended Readings have full references to facilitate further research, and are hyperlinked to the full text article (where the user’s institution holds it) in the user’s library catalogue. A print version of this resource, which includes the full text of the Recommended Readings has also been published. Please use the Find This

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Brendan Tobin

traditional knowledge remain largely unprotected. This is because even where international and national legal measures do exist they often suffer from a lack of effective compliance mechanisms, are full of loopholes and fail to give due recognition and respect to Indigenous peoples’ own traditional resource management regimes and customary laws. The Nagoya Protocol 2010, for example, establishes clear obligations requiring states to protect Indigenous peoples’ rights to genetic resources over which they have ‘established rights’11 and ‘traditional knowledge associated with

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Bhim Adhikari

5. How do institutions affect the management of environmental resources? Bhim Adhikari Introduction In recent years, institutions and institutional arrangements have become central in the study of the success or failure of environmental resource management. The enforcement of institutions such as contracts1 and property rights plays a crucial role in managing natural resources, affecting the equity and efficiency of resource management regimes. The centrality of contracts and property rights in understanding the diversity of institutional arrangements began in

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Giulia Sajeva

consent and the right to the application of a precautionary approach) seem to be essential elements in the basket of biocultural rights because they are the tools that IPLCs will need in order to prevent or to halt violations of biocultural rights (always intrinsically related to the prevention of environmental destruction) and are therefore essential for making biocultural rights enforceable, rather than merely paper, rights. 66 6 A STEP BEYOND THE PREDECESSOR: TRADITIONAL RESOURCE RIGHTS Thus far it has been argued that Bavikatte's basket of biocultural rights is

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Cherie Metcalf and Tania Bubela

-management initiatives as avenues for TEK to influence environmental management and resource development. However, before we can discuss the relationship between traditional ecological knowledge systems and the Canadian political and legal system, it is first necessary to have some concept of what the former encompasses and how it may be used. 15 ‘Mining, Oil & Gas: Socio-Economic Agreements’ available at: http://www.iti.gov.nt.ca/mineralsoilgas/socioeconomicagreements.shtml (last accessed November 2011). 16 Mark Nuttall, ‘Energy Development and Aboriginal Rights in Northern Canada

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Gillian MacNaughton and Paul Hunt

wellbeing (UDHR, arts 22, 25; ICESCR, art. 12). Fourth, peace, freedom from fear and want, and participation in community life, are essential components of the human rights legal framework (UDHR preamble, art. 27). Fifth, people have the right to take part in their governments (UDHR, art. 21). And sixth, to comply with human rights, government policy and programs must take into account local cultures and traditional knowledge (CESCR, 2000, paras 12, 27). In short, the SIA core values are human rights values. Like the human rights framework, the SIA framework is concerned

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Robin Connor and Stephen Dovers

profound impacts on how changes are accepted by stakeholders and on the costs of implementation, monitoring and enforcement. Above all a change in the property rights regime changes the logic of access to resources and how that access is distributed and redistributed. In so doing it drives a transformation in the social construction of fairness or equity. Under PRIs ecological integrity and economic efficiency achieve parity with, and may altogether trump, equity as the traditional first priority in distributional logic of resource access. Although economic efficiency is

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Elinor Ostrom and Charlotte Hess

( 2000 ), ‘ Experimental results on bargaining under alternative property rights regimes ’, Journal of Law, Economics, and Organization , 16 , 50 – 73 . * Cruz , S.D. and A.V. Raikar ( 2006 ), ‘ Democratic management of common property in Goa: From “Gaonkarias” and “Communidades” to Gram Sabhas ’, Economic and Political Weekly , 41 , 439 – 445 . * Cruz , Wilfrido D. ( 1986 ), ‘ Overfishing and conflict in a traditional fishery: San Miguel Bay, Philippines ’, in National Research Council , Proceedings of the Conference on Common Property Resource

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Ken Conca

-occupied landscapes, natural resource use, and cultural identity, one must also include in this list the right to a nationality (Article 15) and an individual’s right to “the economic, social and cultural rights indispensable for his dignity and the free development of his personality” (Article 22). If environmental quality underpins these specific human rights, then pollution, loss of access to renewable resources, and the disruption of ecosystem services may threaten human rights. More specifically, we can specify at least four circumstances in which environmental harm can be