An important proportion of Latin America’s forests are located in indigenous territories, and indigenous peoples are the beneficiaries of about 85% of the area for which local rights to land and forest have been recognized in Latin America since the 1980s. Nevertheless, many of these areas, whether or not rights have been recognized, are subject to threats from colonists, illegal loggers, mining and oil interests and others, whose practices endanger not only the forests but also indigenous people’s territory as a whole.

Changing and competing land use, where we make use of a growing share of resources, potentially undermines the capacity of forests to provide multiple functions such as timber, biodiversity, recreation and pasture lands. The governance challenge is thus to manage trade-offs between human needs and, at the same time, maintain the capacities of forests to provide us with these needs. Sweden provides a clear example of this kind of challenge. Traditionally, timber has been the most apparent contribution of the forest to Swedish national interests.

Water resources in European legal systems have always been vested in sovereign power, regardless of their legal nature as goods vested in State property or as res communes omnium not subject to ownership. The common legal foundation of sovereign power over water resources departed once civil law jurisdictions leveled the demesne on ownership model, by introducing public ownership in the French codification of 1804, while common law jurisdiction developed a broader legal concept of property that includes even the rights to use res communes.