Jeremy Waldron introduced the notion of rights supersession into the philosophical discussion about restitutive justice in cases of historic injustices. He refers to land claims by indigenous peoples as a real-world example and as an application of his theory of rights supersession. He implies that the changes that have taken place in settler states since the first years of colonialism are the kind of changes that lead to a supersession of land rights. The article proposes to unbundle property rights into rights of benefit, control, use, and access and to distinguish between different forms of attachment. This strategy allows for a third option of restitution and supersession, namely partial restitution. Partial restitution grants current land holders those rights that they need to satisfy their attachments and basic distributive justice claims. At the same time, rights that are not needed for either purpose will revert back to indigenous peoples as the original owners. The article argues that the notion of partial restitution allows for far more extensive land rights than a less nuanced application of the supersession thesis.
The article proposes that climate change makes enduring colonial injustices and structures visible. It focuses on the imposition and dominance of colonial concepts of land and self-determination on Indigenous peoples in settler states. It argues that if the dominance of these colonial frameworks remains unaddressed, the progressing climate change will worsen other colonial injustices, too. Specifically, Indigenous self-determination capabilities will be increasingly undermined, and Indigenous peoples will experience the loss of what they understand as relevant land from within their own ontologies of land. The article holds that even if settler states strive to repair colonial injustices, these efforts will be unsuccessful if climate change occurs and decolonization is pursued within the framework of a settler colonial ontology of land. Therefore, the article suggests, decolonization of the ontologies of land and concepts of self-determination is a precondition for a just response to climate change.
This paper argues that land and resource rights are often essential in overcoming colonial inequality and devaluation of indigenous populations and cultures. It thereby criticizes global welfare egalitarians that promote the abolition of national sovereignty over resources in the name of increased equality. The paper discusses two ways in which land and resource rights contribute to decolonization and the eradication of the associated inequality. First, it proposes that land and resource rights have acquired a status-conferring function for (formerly) colonized peoples so that possession of full personhood and relational equality is partially expressed through the possession of land and resource rights. Second, it suggests that successful internal decolonization depends on access to and control over land and resources, especially for indigenous peoples.
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