Moiwana Village v. Suriname: A Portal into Recent Jurisprudential Developments of the Inter-American Court of Human Rights
Thomas M. Antkowiak
Seattle University School of Law
July 15, 2007
Berkley Journal of International Law (BJIL), Vol. 25, No. 2, 2007
On June 15, 2005, the Inter-American Court issued its judgment in Moiwana Village v. Suriname, which held Suriname responsible for numerous human rights violations and ordered several remedial measures. In a separate opinion, one of the Tribunal's veteran judges, Ant¿nio Can¿ado-Trindade, wrote that the case "raises issues of great transcendence." Certainly, the decision illustrates several of the Court's latest jurisprudential developments, and navigates a few rising socio-political tides in South and Central America. This brief essay seeks to demonstrate how the Moiwana case: a) presents factual situations that are increasingly common before the Court; b) continues to develop key legal constructions in response to such facts; c) foreshadows a significant evolution with respect to elements of the Tribunal's more "traditional" jurisprudence; and d) reflects, nevertheless, a prevailing caution regarding other aspects of legal analysis.
Number of Pages in PDF File: 15
Keywords: Human rights, international law, Inter-American Court of Human Rights, indigenous rights, tribal rights, cultural rights, forced displacement, Inter-American system of human rights protectionAccepted Paper Series
Date posted: January 23, 2009
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