The Conceptual and Jurisprudential Aspects of Property in the Context of the Fundamental Rights of Indigenous People: The Case of the Shuar of Ecuador

Authors

Winston P. Nagan, University of Florida Levin College of lawFollow
Craig Hammer

Document Type

Article

Publication Date

2013

Abstract

This article draws attention to several problems relating to indigenous ownership of both real and intellectual property, and their related impact upon the well-being and essential dignity of indigenous peoples. Part II of this article introduces the concept of indigenous ownership of real and intellectual property. Part III digs deeper into challenges to indigenous ownership of land, using the Shuar people of Ecuador as a case study. Part IV examines the problem of bioprospecting, as well as some of its implications, and discusses how the problem has affected the Shuar. It additionally summarizes a few steps toward developing an effective strategy to confront the problem of bioprospecting as it applies to the Shuar. Finally, Part V concludes with an analysis of possible strategies to either stem or combat the effects of appropriation of indigenous peoples' land and knowledge.

Recommended Citation

Winston P. Nagan & Craig Hammer, The Conceptual and Jurisprudential Aspects of Property in the Context of the Fundamental Rights of Indigenous People: The Case of the Shuar of Ecuador, 58 N.Y.L. Sch. L. Rev. 875 (2013), available at http://scholarship.law.ufl.edu/facultypub/579