2
5.
Almost as a preliminary issue, may I briefly refer to the legal subjectivity of peoples in
international law. In the present Sentence in the Moiwana Community versus Suriname case,
the Court indicates, in the section on proven facts of the present Judgment, that
"During the European colonization of present-day Suriname in the 17th
Century, Africans were forcibly taken to the region and used as slaves on the
plantations. Many of these Africans, however, managed to escape to the
rainforest areas in the eastern part of Suriname's present national territory,
where they established new and autonomous communities; these individuals
came to be known as Bush Negroes or Maroons. Eventually, six distinct groups
of Maroons emerged: the N'djuka, the Matawai, the Saramaka, the Kwinti, the
Paamaka, and the Boni or Aluku.
These six communities individually negotiated peace treaties with the
colonial authorities. The N'djuka people signed a treaty in 1760 that established
their freedom from slavery, a century before slavery was formally abolished in
the region. In 1837, this treaty was renewed; the terms of the agreement
permitted the N'djuka to continue to reside in their settled territory and
determined the boundaries of that area. The Maroons generally - and the
N'djuka in particular - consider these treaties still to be valid and authoritative
with regard to their relationship with the State, despite the fact that Suriname
secured its independence from the Netherlands in 1975"1.
6.
Thus, more than two centuries before Suriname attained statehood, its Maroon peoples
celebrated peace agreements with the colonial authorities, subsequently renewed, and thus
obtained their freedom from slavery. And the Maroons, - the N'djuka in particular, - regard
these treaties as still valid and authoritatives in the relations with the successor State,
Suriname. This means that those peoples exercised their attributes of legal persons in
international law, well before the territory where they lived acquired statehood. This reinforces
the thesis which I have always supported, namely, that the States are not, and have never
been, the sole and exclusive subjects of international law.
7.
This purely inter-State outlook was forged by positivism, as from the Vattelian
reductionism in the mid-XVIIIth century2, and became en vogue in the late XIXth century and
early XXth century3, with the well-known disastrous consequences - the successive atrocities
perpetrated in distinct regions of the world against human beings individually and collectively that marked the tragic and abhorrent history of the XXth century. However, since its historical
. Paragraph 86(1) and (2).
1
. Found in the work by E. de Vattel, Le Droit des gens ou Principes de la loi naturelle appliquée
à la conduite et aux affaires des nations et des souverains (1758); cf., e.g., E. Jouannet, Emer
de Vattel et l'émergence doctrinale du Droit international classique, Paris, Pédone, 1998, pp.
255, 311, 318-319, 344 and 347.
2
. For a criticism of State-consent theories, reflecting the dangerous voluntarist-positivist
conception of international law, cf. A.A. Cançado Trindade, "The Voluntarist Conception of
International Law: A Re-Assessment", 59 Revue de droit international de sciences
diplomatiques et politiques - Geneva (1981) pp. 201-240.
3
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos