[a] Problem - What happens when international rules conflict?
4 important questions on [a] Problem - What happens when international rules conflict?
What arguments did Paraguay put forth to justify not giving effect to the indigenous community's right to property over their ancestral lands?
Paraguay argued that the lands now belonged to a German investor protected by a bilateral investment treaty and that the lands had been conveyed from one owner to another and duly registered. Paraguay also claimed that the lands were being adequately exploited.
What did the Inter-American Court of Human Rights conclude regarding Paraguay's arguments?
The Court dismissed Paraguay's arguments as insufficient to justify non-enforcement of the indigenous people's right to property.
What did the Court find in terms of violations of the American Convention on Human Rights?
The Court found violations of various articles of the American Convention on Human Rights, including the right to a fair trial and judicial protection, the right to property, the right to life, and the right to recognition as a person before the law.
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What did the Inter-American Court of Human Rights affirm in its decision?
The Court affirmed the primacy of Paraguay's obligations under the American Convention on Human Rights and dismissed the duties towards German investors stipulated under the investment treaty as irrelevant.
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