Moiwana Village v. Suriname: A Portal into Recent Jurisprudential Developments of the Inter-American Court of Human Rights

15 Pages Posted: 23 Jan 2009  

Thomas M. Antkowiak

Seattle University School of Law

Date Written: July 15, 2007

Abstract

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.

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 protection

Suggested Citation

Antkowiak, Thomas M., Moiwana Village v. Suriname: A Portal into Recent Jurisprudential Developments of the Inter-American Court of Human Rights (July 15, 2007). Berkley Journal of International Law (BJIL), Vol. 25, No. 2, 2007. Available at SSRN: https://ssrn.com/abstract=1331041

Thomas M. Antkowiak (Contact Author)

Seattle University School of Law ( email )

901 12th Avenue, Sullivan Hall
P.O. Box 222000
Seattle, WA n/a 98122-1090
United States

HOME PAGE: http://www.law.seattleu.edu/x3076.xml

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