Articles

Introduction to the Symposium

This issue of the Arizona Journal of International & Comparative Law features The Case of the Mayagna (Sumo) Awas Tingni Community v. Nicaragua, the first indigenous rights case to come before the Inter-American Court of Human Rights. The Inter-American Court is part of the Organization of American States and its system for the protection of human rights throughout the Western Hemisphere. Its legally binding decision, which upholds the rights of an indigenous community to its traditional lands, represents a major development in international law as it concerns indigenous peoples.

The Awas Tingni Case is introduced in an essay by Professor S. James Anaya and Dean Claudio Grossman, who were assistant to the Inter-American Commission on Human Rights and the Commission's chief delegate, respectively, for the Commission's prosecution of the case before the Inter-American Court of Human Rights. Following the essay by Anaya and Grossman this issue presents the principal pleadings on the merits of the case, the full transcript of the merits hearing that took place at the Court’s headquarters in San José, Costa Rica, and an edited version of the Court's decision. The citations and formatting of the various documents reflect that of the original Spanish documents as filed with the Court. As a result, the citations do not conform with The Bluebook style. Additionally, because the documents were treated as historical court documents, the accuracy of the citations were not reviewed. This issue marks the first publication of these documents except for the Court’s decision.

The Journal gratefully acknowledges the support of the Indian Law Resource Center and the University of Arizona's Indigenous Peoples Law and Policy Program for the production of this issue.

THE CASE OF AWAS TINGNI V. NICARAGUA: A NEW STEP IN THE INTERNATIONAL LAW OF INDIGENOUS PEOPLES
S. James Anaya & Claudio Grossman

COMPLAINT OF THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS, SUBMITTED TO THE INTER-AMERICAN COURT OF HUMAN RIGHTS IN THE CASE OF THE AWAS TINGNI MAYAGNA (SUMO) INDIGENOUS COMMUNITY AGAINST THE REPUBLIC OF NICARAGUA

REPLY OF THE REPUBLIC OF NICARAGUA TO THE COMPLAINT PRESENTED BEFORE THE INTER-AMERICAN COURT OF HUMAN RIGHTS IN THE CASE OF THE MAYAGNA COMMUNITY OF AWAS TINGNI

TRANSCRIPT OF THE PUBLIC HEARING ON THE MERITS
Day 1
Day 2
Day 3

TRANSCRIPT APPENDIX

FINAL WRITTEN ARGUMENTS OF THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS BEFORE THE INTER-AMERICAN COURT OF HUMAN RIGHTS

FINAL WRITTEN ARGUMENTS OF THE REPUBLIC OF NICARAGUA ON THE MERITS OF THE ISSUE

PETITION AND PRELIMINARY DECLARATION OF THE MAYAGNA COMMUNITY OF AWAS TINGNI ON REPARATIONS AND COSTS

JUDGMENT: INTER-AMERICAN COURT OF HUMAN RIGHTS IN THE CASE OF THE MAYAGNA (SUMO) AWAS TINGNI COMMUNITY V. NICARAGUA

SEPARATE OPINIONS OF JUDGES