Towards the decolonization of the extractive regime: Patterns and limits of judicialization in mining conflicts
In this article, we have been motivated by the need to address a little-studied aspect of extractivism in Latin America: the colonial foundations of the regulatory framework of corporate mining and the limits of the judicialization of human rights in order to achieve transformation. Our analysis dra...
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| Format: | Article |
| Language: | Spanish |
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Facultad Latinoamericana de Ciencias Sociales, Sede Ecuador
2022-01-01
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| Series: | Íconos |
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| Online Access: | https://revistas.flacsoandes.edu.ec/iconos/article/view/5041 |
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| author | María Ximena González-Serrano Digno José Montalván-Zambrano Lieselotte Viaene |
| author_facet | María Ximena González-Serrano Digno José Montalván-Zambrano Lieselotte Viaene |
| author_sort | María Ximena González-Serrano |
| collection | DOAJ |
| description | In this article, we have been motivated by the need to address a little-studied aspect of extractivism in Latin America: the colonial foundations of the regulatory framework of corporate mining and the limits of the judicialization of human rights in order to achieve transformation. Our analysis draws on theoretical references from the field of strategic litigation, the origins of international law and decolonial studies. We used a multiscale methodology that took Guatemala and Colombia as case studies at the national level and the Inter-American System of Human Rights at the international level. At the same time, we wove an interdisciplinary dialogue between authors with different backgrounds and integrated a variety of academic sources and judicial sentences. Thus, we constructed from the most relevant sources a colonial genealogy of mining regulations and their continuity in the republican and contemporary regulations in the countries in question. In addition, we identify common patterns in the judicialization of mining conflicts at the domestic and inter-American levels and demonstrate their ineffectiveness in the modification of the regulations governing mining. We conclude with a reflection on new theoretical and methodological paths both in legal practice and in applied theoretical research, possible horizons for the decolonization of law and, in particular, mining law. |
| format | Article |
| id | doaj-art-652b6badb443408db74dfb271fccbaa8 |
| institution | Kabale University |
| issn | 1390-1249 2224-6983 |
| language | Spanish |
| publishDate | 2022-01-01 |
| publisher | Facultad Latinoamericana de Ciencias Sociales, Sede Ecuador |
| record_format | Article |
| series | Íconos |
| spelling | doaj-art-652b6badb443408db74dfb271fccbaa82025-02-02T01:26:35ZspaFacultad Latinoamericana de Ciencias Sociales, Sede EcuadorÍconos1390-12492224-69832022-01-0126729711610.17141/iconos.72.2022.5041Towards the decolonization of the extractive regime: Patterns and limits of judicialization in mining conflictsMaría Ximena González-Serrano0https://orcid.org/0000-0003-1373-3310Digno José Montalván-Zambrano1https://orcid.org/0000-0002-6050-1777Lieselotte Viaene2https://orcid.org/0000-0001-8507-4006Universidad Carlos III de Madrid Universidad Carlos III de Madrid Universidad Carlos III de Madrid In this article, we have been motivated by the need to address a little-studied aspect of extractivism in Latin America: the colonial foundations of the regulatory framework of corporate mining and the limits of the judicialization of human rights in order to achieve transformation. Our analysis draws on theoretical references from the field of strategic litigation, the origins of international law and decolonial studies. We used a multiscale methodology that took Guatemala and Colombia as case studies at the national level and the Inter-American System of Human Rights at the international level. At the same time, we wove an interdisciplinary dialogue between authors with different backgrounds and integrated a variety of academic sources and judicial sentences. Thus, we constructed from the most relevant sources a colonial genealogy of mining regulations and their continuity in the republican and contemporary regulations in the countries in question. In addition, we identify common patterns in the judicialization of mining conflicts at the domestic and inter-American levels and demonstrate their ineffectiveness in the modification of the regulations governing mining. We conclude with a reflection on new theoretical and methodological paths both in legal practice and in applied theoretical research, possible horizons for the decolonization of law and, in particular, mining law.https://revistas.flacsoandes.edu.ec/iconos/article/view/5041mining lawdecolonization of lawjudicializationguatemalacolombiainter-american system of human rights |
| spellingShingle | María Ximena González-Serrano Digno José Montalván-Zambrano Lieselotte Viaene Towards the decolonization of the extractive regime: Patterns and limits of judicialization in mining conflicts Íconos mining law decolonization of law judicialization guatemala colombia inter-american system of human rights |
| title | Towards the decolonization of the extractive regime: Patterns and limits of judicialization in mining conflicts |
| title_full | Towards the decolonization of the extractive regime: Patterns and limits of judicialization in mining conflicts |
| title_fullStr | Towards the decolonization of the extractive regime: Patterns and limits of judicialization in mining conflicts |
| title_full_unstemmed | Towards the decolonization of the extractive regime: Patterns and limits of judicialization in mining conflicts |
| title_short | Towards the decolonization of the extractive regime: Patterns and limits of judicialization in mining conflicts |
| title_sort | towards the decolonization of the extractive regime patterns and limits of judicialization in mining conflicts |
| topic | mining law decolonization of law judicialization guatemala colombia inter-american system of human rights |
| url | https://revistas.flacsoandes.edu.ec/iconos/article/view/5041 |
| work_keys_str_mv | AT mariaximenagonzalezserrano towardsthedecolonizationoftheextractiveregimepatternsandlimitsofjudicializationinminingconflicts AT dignojosemontalvanzambrano towardsthedecolonizationoftheextractiveregimepatternsandlimitsofjudicializationinminingconflicts AT lieselotteviaene towardsthedecolonizationoftheextractiveregimepatternsandlimitsofjudicializationinminingconflicts |