1. La deconstrucción del concepto de propiedad. Una aproximación intercultural a los derechos territoriales indígenas.
- Author
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MARTÍNEZ DE BRINGAS, Asier
- Subjects
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INDIGENOUS peoples , *LAND tenure , *PROPERTY , *BIODIVERSITY , *CULTURAL relations , *HUMAN rights ,SOCIAL aspects - Abstract
The objective of this study is to design contents for the threefold topic "indigenous peoples-habitat-territory," from a decolonizing perspective. From this starting point, the study confronts the complicated challenge of intercultural dialogue. The work was structured in four sections: a) Terminological clarifications regarding the subject; what can we understand by territoriality, natural resources and biodiversity within the logical framework of the indigenous peoples, and how these same terms are understood differently by Western law; b) Critical analyses of indigenous claims in the multilateral environmental treaties that have emerged lately, from the perspective of indigenous peoples' rights; c) Controversial central elements in this exciting intercultural dialogue, such as indigenous territoriality; d) An analysis of the jurisprudence that has been developed by the Inter-American Human Rights Court and Commission, aware that this may be a first advancement toward intercultural law, latent in the different reports and decisions made by these two juridical institutions. [ABSTRACT FROM AUTHOR]
- Published
- 2009