Download this Paper Open PDF in Browser

Nicaragua's Canal Initiative Endangers the Rights of Indigenous and Afro-Caribbean Communities

The University of the Pacific Law Review, Vol. 47 (Symposium Issue)

Seattle University School of Law Research Paper No. 16-13

10 Pages Posted: 14 May 2016 Last revised: 14 Jun 2016

Thomas M. Antkowiak

Seattle University School of Law

Date Written: May 1, 2016

Abstract

This essay examines the trailblazing approach to communal property in the Inter-American human rights system, and then applies that legal framework to the distressing Nicaraguan initiative to construct a trans-oceanic canal. The estimated $50 billion megaproject started initial development in December of 2014, and seriously threatens the lands and livelihoods of the indigenous and Afro-Caribbean communities in its path. I conclude that, if Nicaragua proceeds with the Canal and several of its associated projects, the State will clearly violate the communities’ property rights, among other key rights and freedoms. As a result, Nicaragua, in accord with its international legal obligations, should halt the Canal initiative until it secures the free, prior, and informed consent of the affected populations.

Suggested Citation

Antkowiak, Thomas M., Nicaragua's Canal Initiative Endangers the Rights of Indigenous and Afro-Caribbean Communities (May 1, 2016). The University of the Pacific Law Review, Vol. 47 (Symposium Issue); Seattle University School of Law Research Paper No. 16-13. Available at SSRN: https://ssrn.com/abstract=2779702

Thomas 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

Paper statistics

Downloads
70
Rank
286,558
Abstract Views
417