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Aboriginal Rights, Customary Law and the Economics of Renewable Resource Exploitation

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Author Info
Ian Keay
Cherie Metcalf

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Abstract

In this paper we investigate the economic foundations supporting the conservation rationale that is prominent in the Canadian court system's cautious approach to recognizing Aboriginal rights guaranteeing access to natural resources. We discuss the recognition of Aboriginal rights by Canadian courts, and we consider a standard economic model of a commercial fishery with profit-maximizing Aboriginal fishers, self-regulated Aboriginal fishers, and customary-law Aboriginal fishers, harvesting alongside non-Aboriginal fishers. It appears that the potentially dramatic stock and industry outcomes feared by the courts are dependent on the assumptions made about Aboriginal responses to their economic and regulatory environment. The typical neoclassical assumptions made by economists may be poor approximations of Aboriginal behaviour.

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File URL: http://economics.ca/cgi/jab?journal=cpp&view=v30n1/CPPv30n1p001.pdf
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Publisher Info
Article provided by University of Toronto Press in its journal Canadian Public Policy.

Volume (Year): 30 (2004)
Issue (Month): 1 (March)
Pages: 1-27
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Handle: RePEc:cpp:issued:v:30:y:2004:i:1:p:1-27

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References listed on IDEAS
Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.:
  1. Sethi, Rajiv & Somanathan, E, 1996. "The Evolution of Social Norms in Common Property Resource Use," American Economic Review, American Economic Association, vol. 86(4), pages 766-88, September. [Downloadable!] (restricted)
  2. Anderson, Lee G., 1983. "Exploitation of the lobster fishery: Comment," Journal of Environmental Economics and Management, Elsevier, vol. 10(2), pages 180-183, June. [Downloadable!] (restricted)
  3. Carlos, Ann M. & Lewis, Frank D., 1993. "Indians, the Beaver, and the Bay: The Economics of Depletion in the Lands of the Hudson's Bay Company, 1700?1763," The Journal of Economic History, Cambridge University Press, vol. 53(03), pages 465-494, September. [Downloadable!]
  4. Kenneth L. Avio, 1994. "Aboriginal Property Rights in Canada: A Contractarian Interpretation of R. v. Sparrow," Canadian Public Policy, University of Toronto Press, vol. 20(4), pages 415-429, December. [Downloadable!] (restricted)
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Cited by:
(explanations, Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.)

  1. Gray, Matthew & Altman, Jon & Halasz, Natane, 2005. "The Economic Value of Wild Resources to the Indigenous Community of the Wallis Lakes Catchment," MPRA Paper 1392, University Library of Munich, Germany. [Downloadable!]
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This page was last updated on 2009-12-9.

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