Title: UN DERECHO JURISPRUDENCIAL. LA PROPIEDAD COLECTIVA Y LA CORTE INTERAMERICANA
Abstract: Th irteen guilty verdicts have been issued to this date by the Inter-American Court of Human Rights for infringements of the communal rights that Article 21 of the Pact of San José de Costa Rica recognises to indigenous and tribal people.Fourteen years have passed since the fi rst of these judicial decisions was issued.It is presumable that other states party to the American Convention on Human Rights will join Nicaragua, Guatemala, Surinam, Paraguay, Ecuador, Colombia, Panamá and Honduras for violating the collective rights that this conventional provision protects, one of which is indigenous and tribal property.Th ese rights derive from an evolutive and pro homine interpretation, where judicial dialogue and the coordination with extra Inter-American international law and comparative law play a leading role.Due respect for these rights require that the case-law from where they arise is well-known.Th is work off ers a systematisation of the international obligations that Article 21 of the mentioned treaty establishes, and of the legal principles that constitute their basis, to aid in the fulfi lment of a provision, which is far more complex than what a simple reading of it allows to anticipate.