The Inter-American System as New Grossraum? Assessing the Case Law of the Inter-American Court of Human Rights

22 Pages Posted: 3 Dec 2011

See all articles by Fabia Fernandes Carvalho Veçoso

Fabia Fernandes Carvalho Veçoso

Melbourne Law School

Alberto do Amaral

University of Sao Paulo - Faculdade de Direito

Date Written: May 2, 2011

Abstract

The paper examines decisions from the Inter-American Court of Human Rights regarding the validity of state parties’ amnesty laws under the American Convention. The objective is to understand the reasons used by the Court to ground the claim that domestic amnesty laws lack legal effect. This analytical effort is necessary to face the question of whether regional fragmentation can be considered as new Grossräume. The paper aims to shed light on political choices, not neutral statements, that are implied in the Court's reasoning, that is, the universalist pull of human rights and their superior status when contrasted with domestic laws. Even if there is no possibility of a direct analogy between the Schmittian concept and the Inter-American System, the latter intends to exert hegemonic influence over the region, and this trend has to be analysed considering how political choices have been justified by the Inter-American Court.

Keywords: Inter-American Court of Human Rights, Fragmentation of International Law, Grossraum theory

Suggested Citation

Vecoso, Fabia and do Amaral, Alberto, The Inter-American System as New Grossraum? Assessing the Case Law of the Inter-American Court of Human Rights (May 2, 2011). ESIL 2011 4th Research Forum. Available at SSRN: https://ssrn.com/abstract=1967666

Fabia Vecoso (Contact Author)

Melbourne Law School ( email )

185 Pelham Street
level 8, room 836
Carlton, Victoria 3053
Australia
+61 3 9035 5488 (Phone)

Alberto Do Amaral

University of Sao Paulo - Faculdade de Direito ( email )

Largo São Francisco, 95 Prédio Anexo
São Paulo, São Paulo 01005-010
Brazil

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