Ley comunitaria - community law


One of the by-products of globalization is the renewal of traditional justice procedures that are now being implemented in rural parts of Colombia, Chile, Guatemala, and Mexico. Whether you can these problem-solving mechanisms Yam Che, Cosmovision, Usos y Costumbres or la Ley Comunitaria, these ancient processes are being re-applied in areas where the state has failed to provide adequate courts for dispute resolution.

Nowhere is this more pronounced than in Bolivia where a rollout of a traditional justice system is underway, providing some self-determination and autonomous application of Indigenous community norms.

That this all may end up sacrificing the protection of some human rights is not lost on the academic community. Please see Professor James Cooper's article on the subject from the 2018 Washington University Global Studies Law Review.

Please see Professor James Cooper's article on the subject from the 2018 Washington University Global Studies Law Review.

James M. Cooper, Legal Pluralism and the Challenge to Human Rights in the New Plurinational State Bolivia 17 Wash. U. Global St. L. Rev. 1 (2018).