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Judicial Interpretation and Indigenous Peoples’ Rights to Lands, Participation and Consultation. The Inter-American Court of Human Rights’ Approach

This article proposes a critical legal analysis of the jurisprudence of the Inter-American Court of Human Rights regarding indigenous peoples’ rights to lands, participation, and consultation. It focuses on the role that cultural diversity as a legal standard has played … Continue reading » “Judicial Interpretation and Indigenous Peoples’ Rights to Lands, Participation and Consultation. The Inter-American Court of Human Rights’ Approach”

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Exploitation of Natural Resources and Protection of Indigenous Peoples’ Communal Property over Traditional Lands and Territories : A summary of the Inter-American Court of Human Rights’ safeguards

This summary critically analyses the legal regime that protects the ancestral lands and natural resources traditionally used, the so-called traditional communal property, of indigenous and tribal peoples in the Americas. It also analyses the legal regime’s connection with indigenous and … Continue reading » “Exploitation of Natural Resources and Protection of Indigenous Peoples’ Communal Property over Traditional Lands and Territories : A summary of the Inter-American Court of Human Rights’ safeguards”

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Exploitation of natural resources and protection of communal property over indigenous peoples’ traditional lands and territories : Jurisprudential approaches

The Inter-American Court of Human Rights (I-ACtHR) has developed during the last decade a remarkable jurisprudence for the protection of the right to communal property of indigenous and tribal communities over their possessed ancestral lands and natural resources traditionally used, … Continue reading » “Exploitation of natural resources and protection of communal property over indigenous peoples’ traditional lands and territories : Jurisprudential approaches”

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Cultural diversity and indigenous peoples’ land claims: argumentative dynamics and jurisprudential approach in the Americas

The present study is divided in two differentiable but conceptually interrelated sections. Within the first section (Chapters I, II, and III), the focus is on the assessment of the argumentative logic behind the multiculturalist proposal for equally divided societies, among … Continue reading » “Cultural diversity and indigenous peoples’ land claims: argumentative dynamics and jurisprudential approach in the Americas”

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Culture Diversity, Indigenous People and traditional lands claims under the jurisprudence of the Inter-American Court of Human Rights

How supra-national system of human rights protection deal with cultural diversity? In particular, how the Inter-American Court of Human Rights (here in after I-ACtHR or the Court) judicates the claims put forward by Indigenous Peoples in the Americas in connection … Continue reading » “Culture Diversity, Indigenous People and traditional lands claims under the jurisprudence of the Inter-American Court of Human Rights”

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