Leonardo J. Alvarado
- Published in print:
- 2015
- Published Online:
- September 2015
- ISBN:
- 9780520283091
- eISBN:
- 9780520958920
- Item type:
- chapter
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520283091.003.0004
- Subject:
- Sociology, Law, Crime and Deviance
In this chapter, Alvarado provides an overview of the significant achievements and ongoing challenges that indigenous peoples have had in defending their rights in the international arena. In looking ...
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In this chapter, Alvarado provides an overview of the significant achievements and ongoing challenges that indigenous peoples have had in defending their rights in the international arena. In looking at key international cases before the Inter-American Human Rights System and the work of the United Nations Special Rapporteur on the Rights of Indigenous Peoples, Alvarado argues that indigenous peoples have succeeded in making indigenous rights issues prominent parts of international and national debates and legal reforms, and in ushering a more favorable international diplomatic discourse on indigenous rights. Challenges persist however, due to limits of enforceability of international human rights standards and the ongoing social, political and economic inequalities that indigenous peoples face in fully realizing their rights.Less
In this chapter, Alvarado provides an overview of the significant achievements and ongoing challenges that indigenous peoples have had in defending their rights in the international arena. In looking at key international cases before the Inter-American Human Rights System and the work of the United Nations Special Rapporteur on the Rights of Indigenous Peoples, Alvarado argues that indigenous peoples have succeeded in making indigenous rights issues prominent parts of international and national debates and legal reforms, and in ushering a more favorable international diplomatic discourse on indigenous rights. Challenges persist however, due to limits of enforceability of international human rights standards and the ongoing social, political and economic inequalities that indigenous peoples face in fully realizing their rights.
Juan Pablo Scarfi
- Published in print:
- 2017
- Published Online:
- April 2017
- ISBN:
- 9780190622343
- eISBN:
- 9780190622374
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780190622343.003.0007
- Subject:
- Law, Public International Law, Legal History
This conclusion summarizes the achievements and failures of the American international law and Pan-American movements and their impact and legacy for the Inter-American System and the history of ...
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This conclusion summarizes the achievements and failures of the American international law and Pan-American movements and their impact and legacy for the Inter-American System and the history of international law in the Americas, especially as regards the emergence of early continental notions of human rights and the inter-American human rights system. It also draws some lessons of interest for scholars in international law, social sciences and the humanities working on similar matters, and for intellectual historians and sociologists of international law more broadly. Finally, it makes a case for a hemispheric intellectual history of international law in the Americas and the study of US-Latin American relations.Less
This conclusion summarizes the achievements and failures of the American international law and Pan-American movements and their impact and legacy for the Inter-American System and the history of international law in the Americas, especially as regards the emergence of early continental notions of human rights and the inter-American human rights system. It also draws some lessons of interest for scholars in international law, social sciences and the humanities working on similar matters, and for intellectual historians and sociologists of international law more broadly. Finally, it makes a case for a hemispheric intellectual history of international law in the Americas and the study of US-Latin American relations.
Juan Pablo Scarfi
- Published in print:
- 2017
- Published Online:
- April 2017
- ISBN:
- 9780190622343
- eISBN:
- 9780190622374
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780190622343.001.0001
- Subject:
- Law, Public International Law, Legal History
The Hidden History of International Law in the Americas explores the intellectual history of a distinctive idea and approach to American international law in the Western Hemisphere, focusing ...
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The Hidden History of International Law in the Americas explores the intellectual history of a distinctive idea and approach to American international law in the Western Hemisphere, focusing principally on the rise and evolution of the American Institute of International Law (AIIL). This organization was funded by the Carnegie Endowment for International Peace and created by US and Chilean jurists James Brown Scott and Alejandro Alvarez in Washington, D.C., for the construction, development, and codification of international law across the Western Hemisphere. Juan Pablo Scarfi examines the debates sparked by the AIIL over American international law, intervention and nonintervention, Pan-Americanism, the codification of public and private international law, and the nature and scope of the Monroe Doctrine, as well as the international legal thought of Scott, Alvarez, and other jurists, diplomats, politicians, and intellectuals from the Western Hemisphere. In addition to focusing on recent scholarship on the history of international law in the United States and Latin America, this book uniquely offers the first hemispheric approach to the intellectual history of international law in the Americas while concentrating on an organization that is little known to international lawyers and intellectual historians. By examining the legal and historical foundations of the Inter-American System, this book argues that American international law, as advanced primarily by the AIIL, was driven by a US-led imperial aspiration of civilizing Latin America through the promotion of the international rule of law.Less
The Hidden History of International Law in the Americas explores the intellectual history of a distinctive idea and approach to American international law in the Western Hemisphere, focusing principally on the rise and evolution of the American Institute of International Law (AIIL). This organization was funded by the Carnegie Endowment for International Peace and created by US and Chilean jurists James Brown Scott and Alejandro Alvarez in Washington, D.C., for the construction, development, and codification of international law across the Western Hemisphere. Juan Pablo Scarfi examines the debates sparked by the AIIL over American international law, intervention and nonintervention, Pan-Americanism, the codification of public and private international law, and the nature and scope of the Monroe Doctrine, as well as the international legal thought of Scott, Alvarez, and other jurists, diplomats, politicians, and intellectuals from the Western Hemisphere. In addition to focusing on recent scholarship on the history of international law in the United States and Latin America, this book uniquely offers the first hemispheric approach to the intellectual history of international law in the Americas while concentrating on an organization that is little known to international lawyers and intellectual historians. By examining the legal and historical foundations of the Inter-American System, this book argues that American international law, as advanced primarily by the AIIL, was driven by a US-led imperial aspiration of civilizing Latin America through the promotion of the international rule of law.
