Land grabbing e diritto amministrativo. I diritti umani come rimedio all'accaparramento delle risorse naturali e il loro impatto sulle amministrazioni nazionali

The paper identifies the shortcomings of national administrative laws which ease the emergence of land grabbing and investigates whether and how the international human rights system can be an effective remedy. After a brief description of the emergence of land grabbing, the author identifies the administrative legal tools related to land grabbing cases and the consequence of the application of human rights. In particular, starting from the case law of the Inter-American and the African courts of human rights, the author analyzes how the protection of the indigenous people’s right to land affects national administrative laws and compares these results with those coming from the application of other human rights, as the right to water. In conclusion, the author stresses that, although the Inter-American and African Court’s interpretation of the indigenous people’s right to land is innovative, it is still insufficient to tackle land grabbing.