ABSTRACT
This chapter highlights the functional relationship between the international protection of group rights in traditional lands and resources and the recognition of indigenous custom as a source of environmental law. The discussion is part of a scholarly movement exploring the connection between environmental issues and land tenure, which seeks to understand the actual or potential role of traditional land tenure systems in environmental regulation. Since the subject matter at hand encompasses the rights of indigenous peoples and the status of indigenous custom in international law, it is useful to begin by situating recent developments in the inter-American system within the general context of the evolution of international norms. The chapter demonstrates that the jurisprudence of the Inter-American Court substantially contributes to the recognition of a role for indigenous legal traditions and systems in land management and environmental protection on indigenous territories in the Americas.
