ABSTRACT

Prior to identifying the common strategies that have underpinned the successful implementation of the legal decisions, it is important to first situate findings within the context of legal developments that have helped transform legal theory into tangible improvements for indigenous communities. This chapter examines what can be gained from litigation, as well as the extent to which it is effective as a stand-alone tool. It also seeks to identify when litigation may be necessary or desirable. In the context of international litigation, where no recourse to injunctions can be sought in the event of a state's failure to implement a legal decision, it is crucial that the filing of a case be regarded as only one tool-among several others-for bringing about change. While the overview of best practices has stressed the importance of extending advocacy beyond pure legal frameworks, as well as integrating local and regional strategies into international litigation efforts, a few vital ingredients for effective advocacy remain.