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A juridical Minka in times of climate emergency: civil society’s legal collaboration for the Inter-American Court of Human Rights advisory opinion

Research output: Contribution to journalArticleScientificpeer-review

Abstract

This article develops the concept of a juridical Minka to explain how civil society interventions shaped the Inter-American Court of Human Rights’ advisory opinion on the climate emergency. Inspired by Andean traditions of collective labour, the Minka captures a conjunctural alignment in which Indigenous organisations, grassroots movements, NGOs, and expert institutions pooled their capacities to widen the interpretive horizons available to the Court. Rather than reading the Advisory Opinion as a purely judicial creation, the article reconstructs the collaborative field formed through written statements, hearings, and the Manaus Declaration. Focusing on four recurring clusters – mitigation, extraterritorial obligations, reparations, and fair shares – the article compares participants’ proposals with the Court’s decision. The result is neither wholesale adoption nor rejection, but translation. Claims become generalisable standards and burdens of justification. Reciprocity, therefore, lies in the return of portable normative infrastructure, enabling renewed mobilisation across litigation, policy, and territorial struggles.
Original languageEnglish
Number of pages32
JournalTransnational Legal Theory
DOIs
Publication statusE-pub ahead of print - 15 Mar 2026

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

  1. SDG 16 - Peace, Justice and Strong Institutions
    SDG 16 Peace, Justice and Strong Institutions

Keywords

  • Inter-American Court of Human Rights
  • climate emergency
  • juridical Minka
  • advisory opinion
  • collaboration

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