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Chinese Journal of International Law Advance Access originally published online on August 12, 2008
Chinese Journal of International Law 2008 7(3):699-711; doi:10.1093/chinesejil/jmn031
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© The Author 2008. Published by Oxford University Press. All rights reserved

COURTS AND TRIBUNALS

The Rise of Peoples' Rights in the Americas: The Saramaka People Decision of the Inter-American Court of Human Rights

Lisl Brunner*

Correspondence: * J.D. University of Pittsburgh, 2008 (email: lisl_brunner{at}hotmail.com). This paper was completed on 1 April 2008.

The Saramaka People v. Suriname decision of the Inter-American Court of Human Rights recognized the right of a non-indigenous minority group to the natural resources within its lands. Three factors make the decision significant: First, it affirms that certain tribal groups are more akin to indigenous communities than they are to other ethnic, linguistic or religious minorities in terms of the rights they possess. Second, the holding adopts an evolving principle of international law and makes it a binding norm in the Americas, enunciating a test to guide future interpretations of Article 21 of the American Convention. Finally, the Court's incorporation of peoples' rights into its analysis renders the decision a topical contribution to current debates on the meaning and scope of these rights.


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