Premium
Traditional Local Communities: What Lessons Can Be Learnt at the International Level from the Experiences of B razil and S cotland?
Author(s) -
Bessa Adriana
Publication year - 2015
Publication title -
review of european, comparative and international environmental law
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.37
H-Index - 18
eISSN - 2050-0394
pISSN - 2050-0386
DOI - 10.1111/reel.12140
Subject(s) - declaration , negotiation , human rights , political science , resource (disambiguation) , natural resource , economic growth , business , public relations , law , economics , computer network , computer science
A new Draft Declaration on the Rights of Peasants and Other People Working in Rural Areas is currently being negotiated at the Human Rights Council. It is hoped that this negotiation will lead to the adoption of a new international human rights instrument that reflects the specific needs of traditional local communities and other rural populations, and allows for the adequate protection of their rights. This article will look into the question of the right to land and natural resources of traditional local communities through a comparative study of the domestic laws in B razil and S cotland. Assessing whether and how these countries define communities and legally protect their customary forms of land and resource tenure may contribute to a better understanding of the under‐theorized notion of traditional local communities, and illuminate legal solutions or challenges that should be taken into account in the negotiations of the new Declaration.