A juridical <i>Minka</i> in times of climate emergency: civil society’s legal collaboration for the Inter-American Court of Human Rights advisory opinion

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.

Authors

Institutions

Publication Details

Journal
Transnational Legal Theory
Published
2026-03-15
DOI
https://doi.org/10.1080/20414005.2026.2643057
Primary Topic
Environmental law and policy
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

A juridical Minka in times of climate emergency: civil society’s legal collaboration for the Inter-American Court of Human Rights advisory opinion

Juan Auz
Transnational Legal Theory
Environmental law and policy
article

A juridical Minka in times of climate emergency: civil society’s legal collaboration for the Inter-American Court of Human Rights advisory opinion

Juan Auz
article en

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.

Transnational Legal Theory
Tilburg University (NL)
Climate action
Openalex Percentile: Top 18%
Environmental law and policy
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.