|
La deconstrucción del concepto de propiedad: Una aproximación intercultural a los derechos territoriales indígenasKeywords: indigenous peoples, human rights, biodiversity, intercultural law. Abstract: the objective of this study is to design contents for the threefold topic ?indigenous peoples-habitat-territory,? from a decolonizing perspective. from this starting point, the study confronts the complicated challenge of intercultural dialogue. the work was structured in four sections: a) terminological clarifications regarding the subject; what can we understand by territoriality, natural resources and biodiversity within the logical framework of the indigenous peoples, and how these same terms are understood differently by western law; b) critical analyses of indigenous claims in the multilateral environmental treaties that have emerged lately, from the perspective of indigenous peoples? rights; c) controversial central elements in this exciting intercultural dialogue, such as indigenous territoriality; d) an analysis of the jurisprudence that has been developed by the inter-american human rights court and commission, aware that this may be a first advancement toward intercultural law, latent in the different reports and decisions made by these two juridical institutions.
|