Aboriginal Rights, Customary Law and the Economics of Renewable Resource Exploitation
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.
If you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.
As the access to this document is restricted, you may want to look for a different version under "Related research" (further below) or search for a different version of it.
Volume (Year): 30 (2004)
Issue (Month): 1 (March)
|Contact details of provider:|| Postal: University of Toronto Press Journals Division 5201 Dufferin Street Toronto, Ontario, Canada M3H 5T8|
Web page: http://economics.ca/cpp/
|Order Information:|| Web: http://www.utpjournals.com/cpp/ Email: |
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.:
- Neher,Philip A., 1990. "Natural Resource Economics," Cambridge Books, Cambridge University Press, number 9780521311748.
- Joseph Henrich, 2001.
"In Search of Homo Economicus: Behavioral Experiments in 15 Small-Scale Societies,"
American Economic Review,
American Economic Association, vol. 91(2), pages 73-78, May.
- Ernst Fehr & Joseph Henrich & Robert Boyd, 2003. "In Search of Homo Economicus: Behavioral Experiments in 15 Small- Scale Societies," Microeconomics 0305009, EconWPA.
- M. K. Haener & D. Dosman & W.L. Adomowicz & P.C. Boxall, 2001. "Can Stated Preference Methods be used to Value Attributes of Subsistence Hunting by Aboriginal Peoples? A Case Study in Northern Saskatchewan," American Journal of Agricultural Economics, Agricultural and Applied Economics Association, vol. 83(5), pages 1334-1340.
- 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.
- 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 766-788, September.
- Boxall, Peter C. & Murray, Gordon & Unterschultz, James R. & Boxall, Pete C., 2003. "Non-timber forest products from the Canadian boreal forest: an exploration of aboriginal opportunities," Journal of Forest Economics, Elsevier, vol. 9(2), pages 75-96.
- Anderson, Lee G., 1983. "Exploitation of the lobster fishery: Comment," Journal of Environmental Economics and Management, Elsevier, vol. 10(2), pages 180-183, June.
When requesting a correction, please mention this item's handle: RePEc:cpp:issued:v:30:y:2004:i:1:p:1-27. See general information about how to correct material in RePEc.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Prof. Werner Antweiler)
If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.
If references are entirely missing, you can add them using this form.
If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.
If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.
Please note that corrections may take a couple of weeks to filter through the various RePEc services.