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Identifying rights-holders in natural resource regimes: a critical assessment of the Peruvian protected areas legislation

Ellen Desmet UGent (2016) HAGUE JOURNAL ON THE RULE OF LAW. 8(1). p.135-154
abstract
One way of improving natural resource regimes would be through a more careful and consistent identification of rights-holders, with more explicit attention for the relationship between the rights of indigenous peoples and other local nonindigenous communities. This argument is illustrated with a critical analysis of the protected areas legislation in Peru, focusing on the right to consultation prior to the establishment of a protected area, and the rights to use and sustainably manage natural resources within protected areas. On the basis of both international human rights law and empirical data, it is suggested that limiting subsistence-related rights in protected areas to indigenous peoples could endanger the enjoyment of the right to food of the local non-indigenous population. Moreover, the extension of certain human rights that are currently only or mostly granted to indigenous peoples to the broader local population affected by a protected area, should be considered.
Please use this url to cite or link to this publication:
author
organization
year
type
journalArticle (original)
publication status
published
subject
keyword
Human rights, Indigenous peoples, Rights-holders, Protected areas, Local communities, Peru, POLITICS
journal title
HAGUE JOURNAL ON THE RULE OF LAW
volume
8
issue
1
pages
135 - 154
Web of Science type
Article
Web of Science id
000377422300006
JCR category
LAW
JCR impact factor
0.577 (2016)
JCR rank
98/147 (2016)
JCR quartile
3 (2016)
ISSN
1876-4045
DOI
10.1007/s40803-016-0027-9
project
IUAP P7/27: The Global Challenge of Human Rights Integration: Towards a Users' Perspective
language
English
UGent publication?
yes
classification
A1
copyright statement
I have transferred the copyright for this publication to the publisher
id
8029951
handle
http://hdl.handle.net/1854/LU-8029951
alternative location
http://link.springer.com/article/10.1007/s40803-016-0027-9
date created
2016-07-07 15:50:09
date last changed
2016-12-19 15:39:06
@article{8029951,
  abstract     = {One way of improving natural resource regimes would be through a more careful and consistent identification of rights-holders, with more explicit attention for the relationship between the rights of indigenous peoples and other local nonindigenous communities. This argument is illustrated with a critical analysis of the protected areas legislation in Peru, focusing on the right to consultation prior to the establishment of a protected area, and the rights to use and sustainably manage natural resources within protected areas. On the basis of both international human rights law and empirical data, it is suggested that limiting subsistence-related rights in protected areas to indigenous peoples could endanger the enjoyment of the right to food of the local non-indigenous population. Moreover, the extension of certain human rights that are currently only or mostly granted to indigenous peoples to the
broader local population affected by a protected area, should be considered.},
  author       = {Desmet, Ellen},
  issn         = {1876-4045},
  journal      = {HAGUE JOURNAL ON THE RULE OF LAW},
  keyword      = {Human rights,Indigenous peoples,Rights-holders,Protected areas,Local communities,Peru,POLITICS},
  language     = {eng},
  number       = {1},
  pages        = {135--154},
  title        = {Identifying rights-holders in natural resource regimes: a critical assessment of the Peruvian protected areas legislation},
  url          = {http://dx.doi.org/10.1007/s40803-016-0027-9},
  volume       = {8},
  year         = {2016},
}

Chicago
Desmet, Ellen. 2016. “Identifying Rights-holders in Natural Resource Regimes: a Critical Assessment of the Peruvian Protected Areas Legislation.” Hague Journal on the Rule of Law 8 (1): 135–154.
APA
Desmet, Ellen. (2016). Identifying rights-holders in natural resource regimes: a critical assessment of the Peruvian protected areas legislation. HAGUE JOURNAL ON THE RULE OF LAW, 8(1), 135–154.
Vancouver
1.
Desmet E. Identifying rights-holders in natural resource regimes: a critical assessment of the Peruvian protected areas legislation. HAGUE JOURNAL ON THE RULE OF LAW. 2016;8(1):135–54.
MLA
Desmet, Ellen. “Identifying Rights-holders in Natural Resource Regimes: a Critical Assessment of the Peruvian Protected Areas Legislation.” HAGUE JOURNAL ON THE RULE OF LAW 8.1 (2016): 135–154. Print.