Judicial fragmentation on indigenous property rights: causes, consequences and solutions

Abstract

ABSTRACTThis article engages in the analysis of the phenomenon of judicial fragmentation as affecting the case law of regional human rights bodies on indigenous property rights. It aims at identifying the features of such divergent understanding of indigenous rights between the European Court of Human Rights, the Inter-American Court of Human Rights and the African Commission of Human and People’s Rights, investigating the causes behind it. Finally, after having highlighted some of the adverse consequences of judicial fragmentation, the article presents some possible solutions for ensuring convergence and a higher standard of protection for indigenous rights.