Special Issue: Law and Economics of Indigenous and Ethnic Minorities

The European Journal of Law and Economics is calling for papers for a special issue on the Law and Economics of Indigenous and Ethnic Minorities, to be published from late 2023. The special issue will be edited by Mikayla Novak (George Manson University).

Scholars of law and economics have increasingly recognized the impact of legal issues upon economic outcomes experienced by indigenous peoples and members of ethnic minorities globally. The implications of property rights for the attainment of economic development opportunities and, relatedly, the maintenance of traditional customs, knowledge, and practices by indigenous and ethnic groups has been the subject of academic attention. Legal reform agendas, including at the constitutional level, have been advanced as part of efforts to redress the historical economic burdens arising from discrimination and exclusion as experienced by indigenous groups and peoples of diverse ethnic backgrounds. Despite progress in advancing ethnic and racial equality and progress, numerous legal, regulatory, and other policy barriers remain in force in many countries today. The effects of such barriers in limiting the extent of economic participation by indigenous and ethnic minorities is an ongoing subject of inquiry.

Law and economics are regarded as providing significant insights concerning the economic determinants and implications of legal rules, as well as impacts of broader legal and institutional systems, for indigenous and ethnic groups. The purpose of this special issue is to present conceptual and empirical research contributions addressing the legal circumstances of indigenous peoples, and people of diverse ethnic backgrounds, using economic approaches and tools. How legal arrangements, including the operation of the judiciary and regulatory agencies, influence the capacity of markets to promote the prosperity of marginalized peoples is of particular interest. Another lucrative line of inquiry is to investigate how indigenous and ethnic minorities participate in legal systems in their efforts to attain greater economic self-determination and recognition.

Key topics of interest include, but are not limited to, the following:

• Comparative assessments of the economic conditions of indigenous and ethnic groups under alternative legal-political regimes.

• Economic aspects and effects of constitutional, and other legal, forms of recognition of indigenous and ethnic identities and practices, including legal treatments of customary and tribal laws, and socio-cultural norms and practices.

• Economic impacts of legal discriminations against indigenous groups and ethnic minorities, including in the areas of contracts, employment, finance, and trade, and the consequences of removing discriminatory statutes upon indigenous and ethnic communities.

• Features and economic implications of indigenous and ethnic group governance in respect to property rights, including management of land and natural resources, and intellectual property.

• Legal and economic dimensions of indigenous and ethnic group involvements with (including management of) public goods and service delivery, and regulatory systems, in areas such as education, health, communication services, and other domains.

• Economic aspects of legal treatment of indigenous and ethnic economic innovations and organizational diversities, including enterprise and community economic development initiatives, and partnerships with government agencies and civil societal entities.

• Economics of criminal law, law enforcement, and punishments and their impacts on peoples of indigenous and ethnic backgrounds, and the economics of legal relations between law enforcement agencies and indigenous and ethnic minority groups.

• Assessments of the economic implications of international agreements and conventions concerning the status and conditions of indigenous groups and ethnic minorities.

Submissions that consider the law and economics of indigenous groups and ethnic minorities from a range of economic and political economy sub-disciplines, such as public choice, constitutional political economy, Austrian economics, evolutionary economics, and entangled political economy, are welcome. We also welcome submissions from researchers from a variety of social sciences (law, political science, anthropology, sociology, history) investigating the law and economics of indigenous and ethnic minorities.

Interested authors are welcome to discuss their research ideas with Mikayla Novak (mikayla.novak@anu.edu.au).

All papers will be peer reviewed in accordance with the journal policy. Manuscripts should be submitted in accordance with the submission guidelines of this journal. In accordance with submission guidelines, manuscripts should be submitted online. Manuscripts must be identified as submissions for the special issue.