The legal construction of poverty: examining historic tensions between property rights and subsistence rights

McClure, Julia

doi:10.4337/9781839102110.00010

Cited by 1 publication

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“…The problems caused by the development of windfarms in Oaxaca has been seen as a ‘human rights deficiency’, which could be improved with more effective policing and enforcement and better consultation (Hamister, 2012). But the bigger problem lies in the way that concepts of property and law have evolved to serve commercial interests (see McClure, 2021) and the way the shift to sustainable development does not radically alter the logic of commerce, which was rooted in imperialism.…”

Section: The Shift To Sustainable Developmentmentioning

confidence: 99%

Conquest by Contract: Property Rights and the Commercial Logic of Imperialism in the Isthmus of Tehuantepec (Southern Mexico)

McClure

2022

Bull Latin American Res

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Property rights and contracts were important to the legal foundations of the Spanish Empire from the sixteenth century. The recognition of the property rights of indigenous people was part of the legal foundations of empire, but offered weak protection from the commercial logic of imperialism. In the twentieth and twenty-first centuries, the national and international recognition of indigenous property rights has increased at the same time that indigenous property has been threatened by the expansion of commercial interests in the name of development. Focusing on the Isthmus of Tehuantepec (southern Mexico), this article charts the historic tension between indigenous property rights and the expansion of commercial interests, and how, despite new rhetoric about protecting local communities and their natural resources, the shift to 'sustainable development' has not changed these dynamics.

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Section: The Shift To Sustainable Developmentmentioning

confidence: 99%