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Barbuda’s community title to land: A furtherance of the Convention on Biological Diversity?
Author(s) -
Phillips Zachary Allen Roy
Publication year - 2020
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.12305
Subject(s) - convention on biological diversity , indigenous , convention , biodiversity , international community , diversity (politics) , environmental planning , local community , political science , traditional knowledge , environmental resource management , nature conservation , law , geography , ecology , economics , politics , biology
This article discusses Antigua and Barbuda’s international obligations under the Convention on Biological Diversity (CBD), specifically in relation to the community title land tenure system that was in operation on the island of Barbuda until early 2018. It is important to ascertain whether the community title system can be considered protected under Article 8(j) of the CBD, since the community is heavily dependent on the sustainable use and management of natural resources. The community cannot be classified as indigenous and there is a dearth of case law reflecting the protection of ‘local communities’ in international environmental law. Against this background, the article examines whether Barbuda can be considered a ‘local community’; whether the community title can be considered a traditional practice; and whether the practice is relevant for the conservation and use of biodiversity.