A juridical Minka in times of climate emergency: civil society’s legal collaboration for the Inter-American Court of Human Rights advisory opinion
Auz Vaca,Juan
Auz Vaca,Juan
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.
Description
Date
2026-03-15
Journal Title
Journal ISSN
Volume Title
Publisher
Research Projects
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Journal Issue
Keywords
Inter-American Court of Human Rights, climate emergency, juridical Minka, advisory opinion, collaboration, SDG 16 - Peace, Justice and Strong Institutions
Citation
Auz Vaca, J 2026, 'A juridical Minka in times of climate emergency : civil society’s legal collaboration for the Inter-American Court of Human Rights advisory opinion', Transnational Legal Theory. https://doi.org/10.1080/20414005.2026.2643057
License
info:eu-repo/semantics/openAccess