Barbuda’s community title to land: A furtherance of the Convention on Biological Diversity?

Abstract

This article discusses Antigua and Barbuda’s international obligations under the Convention on Biological Diversity (CBD), specifically in relation to the community title land tenure system that was in operation on the island of Barbuda until early 2018. It is important to ascertain whether the community title system can be considered protected under Article 8(j) of the CBD, since the community is heavily dependent on the sustainable use and management of natural resources. The community cannot be classified as indigenous and there is a dearth of case law reflecting the protection of ‘local communities’ in international environmental law. Against this background, the article examines whether Barbuda can be considered a ‘local community’; whether the community title can be considered a traditional practice; and whether the practice is relevant for the conservation and use of biodiversity.