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Land Rights As Proprietary Rights

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Chapter Summary

This chapter examines how human rights law has sought to addresses indigenous peoples' land claims through two angles: first under the banner of proprietary rights and second by dealing with the past through the notion of reparation and restitution. Even though, under international law, provisions concerning property rights do not specifically focus on land rights, in the context of indigenous peoples' rights this chapter explores how the discourse on property rights could relate to indigenous peoples' right to the ownership and/or use of their lands. The chapter is divided into two sections with the first one examining the development of the right for indigenous peoples to collectively own their lands through the property rights discourse; and the second one evaluating the establishment of a regime based on a cultural right for indigenous to use their land.

Keywords: indigenous people; property rights; reparation; restitution



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