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The idea that making land productive serves as the basis of property rights establishes the corollary that the failure to improve land could mean forfeiting property rights. Under Locke's theory, "[e]ven if land is occupied by indigenous peoples, and even if they make use of the land themselves, their land is still open to legitimate colonial ...
Indigenous land rights are the rights of Indigenous peoples to land and natural resources therein, either individually or collectively, mostly in colonised countries. Land and resource-related rights are of fundamental importance to Indigenous peoples for a range of reasons, including: the religious significance of the land, self-determination, identity, and economic factors. [1]
A Kaqchikel family in the hamlet of Patzutzun, Guatemala, 1993. There is no generally accepted definition of Indigenous peoples, [a] [1] [2] [3] although in the 21st century the focus has been on self-identification, cultural difference from other groups in a state, a special relationship with their traditional territory, and an experience of subjugation and discrimination under a dominant ...
English law objectified land, making it an object of which the purchaser had ownership of every aspect. Native American law conceived only the possibility of usufruct rights, the right, that is, to own the nuts or fish or wood that land or bodies of water produced, or the right to hunt, fish or live on the land, there was no possibility of ...
For the first 100 years of the history of the United States, the doctrine of aboriginal title existed only in dicta supplied by decisions concerning land disputes between non-indigenous parties. It was generally assumed, but untested, that aboriginal title could be vindicated by causes of action such as ejectment and trespass . [ 78 ]
The Indigenous people or local community is the major player in decision-making and implementation regarding the management of the site, implying that a local institution has the capacity to develop and enforce decisions (other stakeholders may collaborate as partners, especially when the land is owned by the state, but de facto decisions and ...
[54] Wurundjeri, Yorta Yorta and Taungurung man Andrew Peters expressed the view that "using the phrase ‘traditional owners’ indicates an Indigenous definition of ownership that has never involved monetary payments, title, or exclusive rights, but rather the recognition of thousands of years of respect, rights and responsibilities shared ...
Today, Indigenous sovereignty generally relates to "inherent rights deriving from spiritual and historical connections to land". [1] Indigenous studies academic Aileen Moreton-Robinson has written that the first owners of the land were ancestral beings of Aboriginal peoples, and "since spiritual belief is completely integrated into human daily activity, the powers that guide and direct the ...