Abstract

KAMPHUIS, Charis. Law and the convergence of public and corporate power: rural dispossession and privatized coercion in Peru. Rev. latinoam. derecho soc [online]. 2012, n.15, pp.57-112. ISSN 2448-7899.

The paper analyzes the private and public power convergence in Peru. Specifically, it analyzes the intersection between the corporate power of the Yanacocha Mining Company and the authority of the Peruvian State. It focuses the relationship between two sides of power joint: the property rights and the regulation of the use of force. The first two sections describe two cases on human rights which present the transnational legal activity that have had an impact on property rights and on the use of force regulation. The third part analyzes four specific legal proceedings that have arisen as a result of the convergence between private and public powers. At the same time it highlights, the implications of those proceedings on the international regulatory framework on human rights. In conclusion, the author explores the importance of this study for those seeking the international law practice to enter upon the most affected human rights by the private and public law convergence.

Keywords : Property rights; human rights; rural communities; agrarian reform.

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