Resource Use

Protecting natural resources in the territories surrounding tribal reservations—not only on the reservations themselves—is critical to preserving tribes’ self-determined ways of life. Some treaties between tribal governments and the United States reserve tribes’ usufructuary rights, which are the rights to use but not own land in areas surrounding their reservations. ...

This Article levels a critique of resource-driven capitalism and the associated, facilitative property rights from the position of ecosystem services. Pitting nature as resource against nature as ecosystem services reveals that the value of nature lies beyond the price of tradeable goods and that economic regicide results not from regulation ...