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- Title
Indigenous or Out of Scope? Large-scale Land Acquisitions in Developing Countries, International Human Rights Law and the Current Deficiencies in Land Rights Protection.
- Authors
Diergarten, Yorck
- Abstract
This article explores the role of international human rights law in protecting the (informal) land rights of local communities in the Global South against large-scale land investment acquisitions in developing countries, which have been claimed to lead to evictions and loss of local livelihoods. The argument is made that, while international human rights law now firmly protects the land rights of indigenous peoples, substantial gaps remain with regard to non-indigenous land users such as peasants, smallholder farmers and cattle breeders, creating the urgent need to expand the existing rules to these vulnerable groups. Furthermore, given its foundation in the indigenous context, the current framework on land rights suffers from intrinsic limitations that might hamper its extension to non-indigenous land users. Thus, international human rights law will have to place greater emphasis on the economic dimension of land if it is to provide effective protection against 'land grabs' in the Global South.
- Subjects
INTERNATIONAL law &; human rights; HUMAN rights; INDIGENOUS peoples -- Land tenure; PROPERTY rights; LAND tenure laws; PEASANTS; UNITED Nations. General Assembly. Declaration on the Rights of Indigenous Peoples; REAL property acquisition laws; LAW
- Publication
Human Rights Law Review, 2019, Vol 19, Issue 1, p37
- ISSN
1461-7781
- Publication type
Article
- DOI
10.1093/hrlr/ngy044