The Production of Indigenous Land Rights: Judicial Decisions across National, Regional, and Global Scales

Abstract

This analysis explores the circulation of legal arguments, instruments, and decisions across national, regional, and global scales to reveal the mutual interdependence of these scales and their associated bodies of law in the production of indigenous land rights. Anthropologists studying the production of international human rights law have focused primarily on the drafting and implementation of rights instruments within the UN system, but this article engages a different site for the production of rights: the judicial arena. Highlighting the role played by judicial decisions and the arguments of legal scholars in the production of indigenous land rights, this article traces the trajectory of a petition for recognition of indigenous rights to land by Mopan and Q'eqchi’ Maya of Belize, as it moved from Belize to the Inter‐American Commission on Human Rights. The resulting decision circulated through subsequent indigenous rights cases within the Inter‐American system to solidify regional jurisprudence on indigenous rights. The IACHR decision also returned to Belize, where the Supreme Court engaged it to reach its own decision on Maya land rights. In turn, the Belize Supreme Court ruling was launched into global circulation, shaping arguments concerning the content and status of international indigenous rights law.