International environmental law and the role of indigenous peoples in protected areas: Hope for creative solutions in a setting of established incompatibility

Abstract

This article is an attempt at presenting the complex subject matter in three main parts, with an emphasis on recent developments and changes in international environmental legislation: (I) The first two sections briefly introduce indigenous peoples and a classification of those protected areas (PAs) where conflictual conditions arise, followed by an overview of international environmental law in section 3. (II) Section 4 draws up a typology of the problems, with selected case studies to illustrate the existing conflicts as well as possible solutions. (III) Sections~5 and~6 then explore the emerging paradigm shift and the way forward where the potential of indigenous peoples for better managing the world's natural resources is highlighted. The article ends with a cautiously optimistic conclusion.