The Balance between Indigenous Land Claims and Individual Private Property Rights in Latin America

A Challenge for the Human Rights Jurisdiction of the Inter-American Court of Human Rights


Cover of the book The Balance between Indigenous Land Claims and Individual Private Property Rights in Latin America by Janine Schildt, GRIN Verlag
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Janine Schildt ISBN: 9783640727483
Publisher: GRIN Verlag Publication: October 19, 2010
Imprint: GRIN Verlag Language: English
Author: Janine Schildt
ISBN: 9783640727483
Publisher: GRIN Verlag
Publication: October 19, 2010
Imprint: GRIN Verlag
Language: English

Seminar paper from the year 2009 in the subject Politics - International Politics - Topic: Public International Law and Human Rights, grade: 1,7, , language: English, abstract: How can indigenous property rights be guaranteed in today's societies? In many countries with a large indigenous population this is an ongoing political struggle at the center of which stands the question how to balance traditional indigenous land rights and modern private property rights. The UN Declaration on the Rights of Indigenous Peoples was initially not signed by Canada, USA, New Zealand and Australia. The countries argued inter alia that the article on indigenous land rights could not be brought in accord with their domestic legislation and the private property rights they have to protect. In international law no common standard for indigenous land rights exists and individual countries have found different approaches in their domestic legislations often subordinating indigenous rights or restricting them on various grounds. Frequently, indigenous collective claims are weakened because legislation only recognizes individual rights to property as legitimate. The Inter-American Court of Human Rights (IACtHR) has evolved a firm protector of indigenous land rights. In its landmark decisions Mayagna (Sumo) Awas Tingni Community vs. Nicaragua (2001), Moiwana Community vs. Suriname (2005), Yakye Axa vs. Paraguay (2005), Sawhoyamaxa vs. Paraguay (2006) and Pueblo Saramaka vs. Suriname (2007) it has underlined that traditional collective land rights fall under the protection of property in the American Convention on Human Rights (ACHR) and are thus equivalent to individual private property rights. This paper will look at the role of the IACtHR in the protection of indigenous land rights in Latin America and will discuss how it confronts the balancing problem between the two forms of property rights. Thereby, it is argued that especially because the challenge stays unresolved in many Latin American countries, the implementation of the progressive decisions of the IACtHR is frequently delayed.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

Seminar paper from the year 2009 in the subject Politics - International Politics - Topic: Public International Law and Human Rights, grade: 1,7, , language: English, abstract: How can indigenous property rights be guaranteed in today's societies? In many countries with a large indigenous population this is an ongoing political struggle at the center of which stands the question how to balance traditional indigenous land rights and modern private property rights. The UN Declaration on the Rights of Indigenous Peoples was initially not signed by Canada, USA, New Zealand and Australia. The countries argued inter alia that the article on indigenous land rights could not be brought in accord with their domestic legislation and the private property rights they have to protect. In international law no common standard for indigenous land rights exists and individual countries have found different approaches in their domestic legislations often subordinating indigenous rights or restricting them on various grounds. Frequently, indigenous collective claims are weakened because legislation only recognizes individual rights to property as legitimate. The Inter-American Court of Human Rights (IACtHR) has evolved a firm protector of indigenous land rights. In its landmark decisions Mayagna (Sumo) Awas Tingni Community vs. Nicaragua (2001), Moiwana Community vs. Suriname (2005), Yakye Axa vs. Paraguay (2005), Sawhoyamaxa vs. Paraguay (2006) and Pueblo Saramaka vs. Suriname (2007) it has underlined that traditional collective land rights fall under the protection of property in the American Convention on Human Rights (ACHR) and are thus equivalent to individual private property rights. This paper will look at the role of the IACtHR in the protection of indigenous land rights in Latin America and will discuss how it confronts the balancing problem between the two forms of property rights. Thereby, it is argued that especially because the challenge stays unresolved in many Latin American countries, the implementation of the progressive decisions of the IACtHR is frequently delayed.

More books from GRIN Verlag

Cover of the book Der Adoleszenzroman im Unterricht by Janine Schildt
Cover of the book Die digitale Kulturrevolution im wiedervereinten Deutschland by Janine Schildt
Cover of the book Merkmale deutscher Corporate Universities by Janine Schildt
Cover of the book Die Balanced Scorecard als Bemessungsgrundlage für Anreizsysteme by Janine Schildt
Cover of the book Literatureinsatz im DaF-Unterricht an Beispiel von Theodors Fontane John Maynard by Janine Schildt
Cover of the book Autismus. Diagnose, Merkmale, Krankheitsverlauf by Janine Schildt
Cover of the book 'Andere Räume' von Michel Foucault by Janine Schildt
Cover of the book Trainingsplanung mittels Mehrwiederholungskrafttest und Literaturrecherche zum Thema 'Effekte des Krafttrainings bei arterieller Hypertonie' by Janine Schildt
Cover of the book Delphinschwimmen von der Grobform zur Feinform by Janine Schildt
Cover of the book The German-Jewish Relationship Question In the Light Of Human Cultural Evolution by Janine Schildt
Cover of the book Neurologische Grundlagen von Bewegung by Janine Schildt
Cover of the book Heinz Rühmann - Leben und Gefahren eines Filmstars im Dritten Reich by Janine Schildt
Cover of the book Die Rolle des Journalisten am Beispiel von Heinrich Bölls 'Die verlorene Ehre der Katharina Blum' by Janine Schildt
Cover of the book Die Physiologie der Moral bei Nietzsche und Dawkins by Janine Schildt
Cover of the book Interkulturelle Bewusstseinsforschung: Eine ganzheitliche Interkulturalität des Geistes, der Seele und des Leibes by Janine Schildt
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy