INTERNATIONAL ENVIRONMENTAL LAW AND THE ROLE OF INDIGENOUS PEOPLES IN PROTECTED AREAS: HOPE FOR CREATIVE SOLUTIONS IN A SETTING OF ESTABLISHED INCOMPATIBILITY
Free (open access)
Volume 2 (2007), Issue 3
332 - 352
A. FLEISCHHAUER & H. DETLEF KAMMEIER
This article is an attempt at presenting the complex subject matter in three main parts, with an emphasis on recent developments and changes in international environmental legislation: (I) The first two sections briefly introduce indigenous peoples and a classification of those protected areas (PAs) where conflictual conditions arise, followed by an overview of international environmental law in section 3. (II) Section 4 draws up a typology of the problems, with selected case studies to illustrate the existing conflicts as well as possible solutions. (III) Sections 5 and 6 then explore the emerging paradigm shift and the way forward where the potential of indigenous peoples for better managing the world’s natural resources is highlighted. The article ends with a cautiously optimistic conclusion.
biodiversity conservation, environmental legislation, governance types, social and cultural issues, traditional knowledge