Full Description
The Inter-American Court of Human Rights has the most developed jurisprudence on Indigenous rights, yet this case law is understudied. This book addresses this gap by exploring the Court and its cases from both the perspective of international law and the legal protection of Indigenous territories.
Setting out the network of actors and institutions involved in such litigation, it examines the motivations and constraints in domestic politics affecting international orders (and by extension the impact of the Court). It provides both an important statement on the effectiveness of international tribunals and a fascinating insight into the evolution of Indigenous rights.
Contents
Introduction
1. The Inter-American Law-Making on Territorial Cases: the Recognition of Rights
2. The Inter-American Reparation System for Redressing Indigenous Territorial Violations
3. Implementing the Reparation Measures on Indigenous Territorial Cases: Compliance Assessment
4. Indigenous Land Protection in Nicaragua: From Full Compliance to Open Defiance
5. Territorial Protection in Paraguay: Defending Indigenous Rights in an Agribusiness State
6. Setbacks in the Brazilian Domestic Protection of Territorial Rights
