Culture and Competitive Resource Regulation: A Liberal Economic Alternative to Sui Generis Aboriginal Rights

62 University of Toronto Law Journal 403 (2012)

37 Pages Posted: 22 Jul 2011 Last revised: 12 Dec 2012

See all articles by Michael P. Ilg

Michael P. Ilg

University of Calgary - Faculty of Law

Date Written: July 10, 2011

Abstract

The recognition of Aboriginal rights as sui generis is unique in its basis on a combination of past, culture, and place. This article maintains that the sui generis basis for Aboriginal rights has limited tangible improvements to Aboriginal quality of life, while commentators have also pointed to a number of difficulties with the justifications offered for sui generis rights. The present article proposes a theory of regulatory diversity that promises greater Aboriginal self-determination over regional resources and is both more conducive to development and justifiable on liberal grounds.

Keywords: Aboriginal/Indigenous rights, resources, liberal, economic

Suggested Citation

Ilg, Michael P., Culture and Competitive Resource Regulation: A Liberal Economic Alternative to Sui Generis Aboriginal Rights (July 10, 2011). 62 University of Toronto Law Journal 403 (2012) , Available at SSRN: https://ssrn.com/abstract=1892377

Michael P. Ilg (Contact Author)

University of Calgary - Faculty of Law ( email )

Murray Fraser Hall
2500 University Dr. N.W.
Calgary, Alberta T2N 1N4
Canada

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