Overview

Rights to their traditional lands and resources are essential to the survival of indigenous peoples. They have been formulated and advanced in the most progressive way by the Inter-American system of human rights protection. In this book, Mariana Monteiro de Matos analyzes, in detailed and comprehensive inquiry, the pertinent jurisprudence of the Inter-American Commission and Court of Human Rights. She identifies three distinct waves of decision regarding the objects of ownership or possession, the rights associated, and the holders of the rights. Originally, the book also offers a profound analysis of corollary procedural law.

Full Product Details

Author:   Mariana Monteiro de Matos
Publisher:   Brill
Imprint:   Martinus Nijhoff
Volume:   10
Weight:   0.722kg
ISBN:  

9789004411258

ISBN 10:   9004411259
Pages:   338
Publication Date:   08 October 2020
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Available To Order  
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Table of Contents

Foreword Preface and Acknowledgements Abbreviations of Institutions Abbreviations of Legal Instruments List of Illustrations 1 Introduction 1 Subject Matter: Polyversity and Indigenous Peoples 2 Research Objective and Questions 3 Preliminary Matters: on the Concept of Indigenous Peoples 4 Structure of the Book Cases and Reports References 2 General Background of the Inter-American System 1 Overview: the IAHRS and the ADHR 2 Key Legal Instruments and Indigenous Land Rights 3 IAHRS Main Organs and Their Procedures Cases and Reports References 3 First Wave: Individual Indigenous Persons as Holders of Land Rights, 2001–2006 1 An Important Precedent: the Aloeboetoe Case, 1993 2 The Beginning of Communal Indigenous Property  2.1 Awas Tingni Case, 2001  2.2 Case Analysis  2.3 Preliminary Assessment 3 Afterawastingni.com  3.1 Moiwana Case, 2005  3.2 Yakye Axa Case, 2005  3.3 Sawhoyamaxa Case, 2006 4 Interim Conclusions: Protecting Indigenous Property through Individuals  Cases and Reports  References 4 Second Wave: Transition toward Indigenous Peoples as Holders of Land Rights, 2007–2011 1 Between Individual and Collective Subjects of Rights  1.1 Saramaka Case, 2007  1.2 Case Analysis  1.3 Preliminary Assessment 2 Toward Collective Legal Subjects: Xákmok Kásek Case, 2010  2.1 Justifying the Collective Legal Capacity of Tribal and Indigenous Peoples?  2.2 Advancing the Recognition of the Collective Legal Capacity of Tribal and Indigenous Peoples: the ADRIP 3 Interim Conclusions 1.1 Summary of Chapter 4 and Its Relationship with Chapter 3 1.2 The Inter-American Backdoor Approach 1.3 An International Faux Pas: the Requirement of Individualization of Groups Cases and Reports References 5 Third Wave: Indigenous Peoples as Holders of Land Rights, 2012–2019 1 Recognizing Collective Rights Holders  1.1 Kichwa of Sarayaku Case, 2012  1.2 Case Analysis 2 Afterkichwaofsarayaku.com  2.1 Afro-Descendant Communities Displaced from the Cacarica River Basin Case, 2013 2.2 Kuna and Emberá Case, 2014 2.3 Garífuna of Punta Piedra Case, 2015 2.4 Garífuna of Triunfo de la Cruz Case, 2015 2.5 Kaliña and Lokono Case, 2015 2.6 Xucuru Case, 2018 3 Interim Conclusions  3.1 Summary of Chapter 5 and Its Relationship with the Chapters 3–4  3.2 General Effect of the Third Wave on the Inter-American System  3.3 Contribution to International Human Rights Law: Procedural Corollaries Cases and Reports References 6 Conclusion Cases and Reports References 7 Summaries 1 Portuguese Summary: Resumo em Português 2 Spanish Summary: Resumen en Español 3 German Summary: Deutsche Zusammenfassung Table of International Legal Instruments Table of Inter-American Legal Instruments Table of Cases and Reports References Index

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Author Information

Dr. iur. Mariana Monteiro de Matos, LL.M., Max Planck Institute for Social Anthropology (Halle, Germany), is a postdoc fellow at the Law & Anthropology Department. She is a Brazilian lawyer and received her Ph.D. from the University of Göttingen.

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