Indigenous Rights to Land Versus Extractivism

Contested Territories: Indigenous Rights, Extractivism, and the Limits of International Law

Indigenous and tribal communities frequently assert claims to territory based on their historical connections to the land. Since 1989, they have increasingly invoked ILO Convention No. 169, the sole legally binding international agreement concerning the rights of Indigenous and tribal peoples.

This Element introduces a three-part analytical framework designed to evaluate the potential…