Indigenous territorial rights, legal pluralism and alternatives to development: notes on an indissoluble relationship

Yesica Álvarez

Abstract


Indigenous territorial rights are analyzed in the present work as a demand inextricably linked to the defense of a way of life opposed to the conventional development model and to the maintenance of indigenous law, authorities and institutions. Starting from the opposition of many indigenous and tribal peoples to development and investment plans and projects, there is a need to jointly analyze the claims of indigenous peoples for their rights over their lands, territories and natural resources in the light of criticism of the conventional development enunciated from the post-development perspective and the studies on legal pluralism that questions the monism associated with the modern nation-state. To do this, it will be put under the lens of what we have called “legal pluralism in post-development key” the process of «indigenous emergency” and indigenous territorial rights recognized by the international system of United Nations and the Inter-American System of Human Rights.

Received: 28 June 2017
Accepted: 18 October 2017
Published online: 31 January 2018


Keywords


territorial rights; indigenous peoples, legal pluralism; postdevelopment; legal monism

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DOI: http://dx.doi.org/10.18543/djhr-2-2017pp95-120

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