Latin & South America

[Samriddhi Guha is a fourth year law student at O.P Jindal Global Law School] In 2012, Colombia adopted measures to protect the paramo ecosystem through the National Development Plan 2014-2018 (‘Plan’) that came into force in 2016. The Plan prohibited ‘agricultural activities and exploration for or exploitation of non-renewable natural resources, and ‘construction of oil and gas refineries’ in the paramos...

[Stefano Angeleri (X/Twitter: @StefAngeleri) is a EU’s Marie Skłodowska-Curie postdoctoral fellow at Queen's University Belfast and visiting scientist at the FXB Center for Health and Human Rights at Harvard University] Funding: This research was supported by funding from the European Union’s Horizon 2020 research and innovation programme under Marie Skłodowska-Curie grant agreement no. 101032116—HEAVEN. During the last 8 years, 7.7 million people have fled Venezuela...

In recent days, Brazil’s President Luiz Inácio “Lula” da Silva has generated much controversy by declaring that, should Russian President, Vladimir Putin, visit the G20 Meeting in Brazil in 2024, he would not be arrested, in defiance of the existing International Criminal Court’s (ICC) arrest warrant against him. Eventually, Lula backtracked, stating the arrest was not up to him, but Brazil’s judiciary. In so doing,...

[Keshav Somani is as an Associate with the Dispute Resolution team of S&R Associates, New Delhi] Introduction The International Court of Justice on July 13, 2023, delivered its judgment in the case concerning Question of the Delimitation of the Continental Shelf between Nicaragua and Colombia beyond 200 Nautical Miles from the Nicaraguan Coast (Nicaragua v. Colombia). The Court concluded by thirteen votes...

[Nina Bries Silva is a former human rights lawyer and PhD candidate in law at the European University Institute (EUI) focusing on the Colombian transitional justice process and indigenous ontologies.] On March 8, 2023, in Bogotá, the Colombian Special Jurisdiction for Peace (JEP) held a press conference unveiling its indictment in the macro-case 05. It charged 10 former commanders of two...

[Carlos Lusverti is the Latin America Legal advisor with the International Commission of Jurists] The principle of presumption of innocence in criminal cases is core to the rule of law. It is also a universally recognized general principle of law, incorporated into general international human rights treaties, the Venezuelan Constitution and domestic law as part of the Criminal Proceedings Code. However,...

[Alejandra Ibarra Chaoul is a journalist and executive director of Defensores de la Democracia, a Mexican nonprofit focused on preventing violence against journalists via memory-building and new narratives for social change.] With 14 journalists killed in Mexico in 2022, the country sustained its place as the world’s deadliest for media workers, even surpassing countries at war, like Ukraine or Yemen, according...

Growing up in Lima, I heard the mythologized story of Columbus “discovering” America (the continent, sorry US) a million times: In a leap of faith, Queen Isabel of Spain sold her Crown jewels to finance a daring explorer’s expedition to unknown lands. Nobody believed in him, but Columbus persevered, proving everyone wrong and discovering a land no one else knew about, on three little caravels,...

Brazil is back. After four years of retrenchment, the new Lula government seems ready to assume, once again, a key position in the international stage. This is a role that Lula knows how to play well. His previous government created the now defunct Union of South American Nations (UNASUR), meant as a counter-weight to a US-dominated OAS. By the time he left office, the region...

To close this symposium on the life and work of Judge Cançado Trindade, the editors of Afronomicslaw, Opinio Juris and Agenda Estado de Derecho had the opportunity to interview the recently appointed and also Latin American Judge Leonardo Nemer Caldeira Brant in December 2022. The conversation focuses on the impact of Cançado Trindade's scholarship, case law, individual opinions, and his...