Document Type
Essay
Publication Title
Emory International Law Review Recent Developments
Publication Date
2025
Abstract
The United States and Guatemala are home to some of the largest indigenous populations on earth. They are also home to some of the worst transgressions against these peoples. Though superficially distinct, the two states share the same violent colonial history and their differing approaches to modern indigenous rights both miss the mark. The question is why. Is it because US judges routinely misinterpret existing case law? Because the rule of law is weaker in Guatemala? Or is there something far more deeply rooted in each state’s shared history that prevents true recognition of indigenous rights? This paper attempts to diagram the relationship between indigenous communities and the Western legal order in the United States and Guatemala. It ultimately argues that it is universal business interests rather than any specific legal framework which generates the modern oppression of indigenous peoples across the Americas.
Volume
39
First Page
23
Recommended Citation
Thomas J. Lynch,
Two Americas, Across Two Americas: A Comparative Analysis of Indigenous Law in the United States and Guatemala,
39
Emory International Law Review Recent Developments
23
(2025).
Available at:
https://scholarlycommons.law.emory.edu/eilr-recent-developments/45