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Territorial Resource Rights and Economic Efficiency 





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    Territorial use rights and economic efficiency: the case of the Philippine fishing concessions 1992
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    This paper discusses the mechanics and implications of municipal concessions in the Philippines which govern the use of municipal waters for fish corrals, oyster culture beds and gathering of milkfish fry. These concessions or territorial use rights are awarded annually by the resource owner (the municipality) to the highest bidder. In the case of milkfish fry gathering, the concessionaire assumes monopsonist rights of first purchase from fry gatherers. The implications of this system for econom ic efficiency and equity are discussed theoretically with supporting data from milkfish fry concessions in Antique Province. It is concluded that the system increases economic efficiency in resource use and generates significant income for municipalities which they can then redistribute as they see fit, and therefore not necessarily for the special benefit of fishermen.
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    Sustainable Development Goal 16 & Indigenous Peoples’ Collective Rights to Land, Territories & Resources 2021
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    Land rights are interlinked with peace and development, being the trigger for conflict and disputes involving Indigenous Peoples’ rights in almost every region in the world (United Nations Indigenous Peoples Major Group for Sustainable Development, 2019). Access to land is closely related to the right to adequate food, as recognized under article 25 of the Universal Declaration of Human Rights and article 11 of the International Covenant on Economic, Social and Cultural Rights. Natural resources are the main direct source of food for the majority of Indigenous Peoples. While land and water are central to food production, forest resources provide a basis for subsistence harvesting as well as for income-generating activities, e.g. through the collection and use of non-wood forest products. Thus Indigenous Peoples’ right to food often depends closely on their access to and control over their lands and other natural resources in their territories. For many traditional communities, especially those living in remote regions, access to hunting, fishing and gathering grounds for their subsistence livelihoods is essential for ensuring their adequate nutrition, as they may have no physical or economic access to marketed food (Knuth, 2009). There is therefore a key relationship between realising the right to food and improving access to natural resources which is also recognised by the Voluntary Guidelines to support the progressive realization of the right to adequate food in the context of national food security (Right to Food Guidelines) adopted by FAO Council in 2004. This paper has highlights the intrinsic relationship that exists between the collective of Indigenous Peoples to land, territories and resources, and SDG 16 on peace justice and strong institutions. In the light of the goals set out in the 2030 Agenda, the fulfillment of the entire SDGs for Indigenous Peoples depends on the legal recognition and legal protection of their collective rights as an essential condition for the implementation of the right to self-determination as enshrined in UNDRIP and the other international treaties. The legal protection of collective rights of Indigenous Peoples implies not only respecting their collective right to natural resources which is at the core of FAO’s mandate, but also their right to exercise their justice and governance systems. Respect for their institutions, legal regimes, and customary law within the framework of legal pluralism is an intrinsic part of SDG16, and the achievement of peace depends precisely on this.
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