Addendum TDM 3 (2014): The Right to Consult and the Right of States to Grant Concessions for the Extraction of Natural Resources in the Territory of Indigenous or Tribal Communities in the Case Law of the Inter-American Court of Human Rights
Published 20 October 2014
Addendum TDM 3 (2014)
Abstract
The present work analyzes the current case law of the Inter-American Court of Human Rights regarding the right to consultation to indigenous communities before States grant concessions to extract natural resources in their territories; the potential conflicts this might cause with third party rights (foreign investors); the consequences for not consulting indigenous communities under the American Convention of Human Rights; and the forms of reparations granted to indigenous communities by the Inter-American Court of Human Rights in cases were concessions were granted without indigenous communities being consulted.
The Spanish version of this article is available as "Sobre la Consulta Previa en la Jurisprudencia de la Corte Interamericana de Derechos Humanos" TDM 3 (2014), www.transnational-dispute-management.com/article.asp?key=2118