The Contribution of the Inter-American Human Rights Bodies to Evolving International Law on Indigenous Rights over Lands and Natural Resources

Enzamaria Tramontana, Enzamaria Tramontana

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5 Citazioni (Scopus)

Abstract

Because of the special relationship with land that characterises indigenous groups, rights over land and natural resources are at the heart of indigenous claims under international law. The Inter-American Commission on Human Rights and the Inter-American Court have developed a copious jurisprudence on the subject matter and contributed to the establishment of certain minimum indigenous peoples’ land rights under customary international law. This article analyses the Inter-American judicial discourse on land issues in the light of the current status of relevant international law and reflects upon the potential contribution of the former to the further development of the latter. It focuses on the relationship between historical dispossessions and indigenous contemporary land claims, on the state duty to land delimitation, demarcation and titling, and on indigenous peoples’ ownership over natural resources located within their traditional lands and their participatory rights in relation to resource exploitation.
Lingua originaleEnglish
pagine (da-a)241-263
Numero di pagine23
RivistaINTERNATIONAL JOURNAL ON MINORITY AND GROUP RIGHTS
Volume17
Stato di pubblicazionePublished - 2010

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international law
natural resources
human rights
delimitation
jurisprudence
exploitation
discourse
resources
Group

All Science Journal Classification (ASJC) codes

  • Geography, Planning and Development
  • Political Science and International Relations

Cita questo

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title = "The Contribution of the Inter-American Human Rights Bodies to Evolving International Law on Indigenous Rights over Lands and Natural Resources",
abstract = "Because of the special relationship with land that characterises indigenous groups, rights over land and natural resources are at the heart of indigenous claims under international law. The Inter-American Commission on Human Rights and the Inter-American Court have developed a copious jurisprudence on the subject matter and contributed to the establishment of certain minimum indigenous peoples’ land rights under customary international law. This article analyses the Inter-American judicial discourse on land issues in the light of the current status of relevant international law and reflects upon the potential contribution of the former to the further development of the latter. It focuses on the relationship between historical dispossessions and indigenous contemporary land claims, on the state duty to land delimitation, demarcation and titling, and on indigenous peoples’ ownership over natural resources located within their traditional lands and their participatory rights in relation to resource exploitation.",
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author = "Enzamaria Tramontana and Enzamaria Tramontana",
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pages = "241--263",
journal = "International Journal of Minority and Group Rights",
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T1 - The Contribution of the Inter-American Human Rights Bodies to Evolving International Law on Indigenous Rights over Lands and Natural Resources

AU - Tramontana, Enzamaria

AU - Tramontana, Enzamaria

PY - 2010

Y1 - 2010

N2 - Because of the special relationship with land that characterises indigenous groups, rights over land and natural resources are at the heart of indigenous claims under international law. The Inter-American Commission on Human Rights and the Inter-American Court have developed a copious jurisprudence on the subject matter and contributed to the establishment of certain minimum indigenous peoples’ land rights under customary international law. This article analyses the Inter-American judicial discourse on land issues in the light of the current status of relevant international law and reflects upon the potential contribution of the former to the further development of the latter. It focuses on the relationship between historical dispossessions and indigenous contemporary land claims, on the state duty to land delimitation, demarcation and titling, and on indigenous peoples’ ownership over natural resources located within their traditional lands and their participatory rights in relation to resource exploitation.

AB - Because of the special relationship with land that characterises indigenous groups, rights over land and natural resources are at the heart of indigenous claims under international law. The Inter-American Commission on Human Rights and the Inter-American Court have developed a copious jurisprudence on the subject matter and contributed to the establishment of certain minimum indigenous peoples’ land rights under customary international law. This article analyses the Inter-American judicial discourse on land issues in the light of the current status of relevant international law and reflects upon the potential contribution of the former to the further development of the latter. It focuses on the relationship between historical dispossessions and indigenous contemporary land claims, on the state duty to land delimitation, demarcation and titling, and on indigenous peoples’ ownership over natural resources located within their traditional lands and their participatory rights in relation to resource exploitation.

KW - Indigenous peoples' rights; land rights; Inter-American Human Rights System.

UR - http://hdl.handle.net/10447/61932

M3 - Article

VL - 17

SP - 241

EP - 263

JO - International Journal of Minority and Group Rights

JF - International Journal of Minority and Group Rights

SN - 1385-4879

ER -