Similarly, the Court refused to rule on the validity of the tribal ordinance or to consider communal property rights, as federal law does not recognize them.
137) NAGPRA "speaks specifically to the issue of illicit trade in certain tribal artifacts and demonstrates an implied recognition of communal property rights in cultural objects, but appears structurally unprepared to enforce those rights.
And in April, the Tarahumara demanded that their communal property rights
be recognized at a large protest in Chihuahua City.
Lacking well-defined and fully enforceable communal property rights
, many CAMPFIRE communities are plagued by newly arrived settlers who wish to share in the wealth of their common lands and the bounty of their communal revenues.
This paper argues that the causes of rapid depletion of forests in Northern Pakistan are to be found not only in an extensive admission of open-ended communal property rights, but also an inadequate specification of those rights.
First, as pointed out by Demsetz (1967) in his seminal contribution, communal property rights give rise to what Hardin (1968) has called "the tragedy of the commons", where it is in an individual's self-interest to exploit the resource without any regard to the external costs his actions may impose on the others.
From their perspective, encroachment on indigenous lands by mestizo settlers is a clear violation of Ley 445, legislation that was introduced in 2003 and, at least on paper, granted eastern Nicaragua's indigenous groups communal property rights
to the land in question.