Inter-American Human Rights System’s precautionary and provisional measures in cases of extractive industries

Abstract

This article seeks to analyze the developments, limitation and challenges of an alternative and complementary way, potentially more immediate and effective, to protect the rights of people affected by extractives projects.  This way is the implementation of the precautionary and provisional measures of the Inter-American System of Human Rights in cases of extractive industries. In order to do so, this essay exanimated the 108 provisional measures granted by the Inter-American Court of Human Rights, available at its webpage,[1] and the 1.083 precautionary measures granted by the Inter-American Commission on Human Rights, accessible at its webpage[2]. Then, there were selected the ten precautionary measures and two provisional measures related to extractives industries. In addition, his article states the role of the precautionary and provisional measures in this subject. After, the paper studies other standards settled by the Court and the Commission in its measures, and finally, the challenges for future measures related to extractive industries. This essay concludes that beyond the developments created by the Inter-American System, there are many ways to improve the effectiveness of provisional and precautionary measures in cases of extractive projects.

[1] Obtained from http://www.corteidh.or.cr/cf/Jurisprudencia2/busqueda_medidas_provisionales.cfm?lang=en, September 30^th, 2019.

[2] Obtained from http://www.oas.org/en/iachr/decisions/precautionary.asp, September 30^th, 2019.