The Jurisdiction of the Inter-American Court of Human Rights Should Outlive Defection

University of Miami’s Inter-American Law Review (“IALR”), Forthcoming

24 Pages Posted: 8 Jul 2020 Last revised: 13 Jul 2020

Date Written: June 15, 2020

Abstract

The Inter American Court of Human Rights' jurisdiction should outlive the purpose of any state to denounce the American Convention on Human Rights to avoid disadvantageous international rules and circumvent the international adjudicative authority to protect victims of human rights violations. I begin by outlining the Human Rights jus cogens nature integrated into the universal international human rights law. Following that, I review leading international court cases approaching the jurisdictional paradigm on treaty defections. Furthermore, I propose two conjunctive new elements modifying the mechanical jurisdictional paradigm: the constitutional internationalized human rights treaties, and the substantial reviewability of a treaty’s defection. I conclude by examining the interface concerning the American Convention on Human Rights and Latin-American constitutions. Approaching some Latin-American constitutions I show how would operate what I call the “jus cogens complementary jurisdictional model.”

Keywords: Inter-American Court, Inter-American Jurisdiction, Human Rights, Treaty Defection

JEL Classification: K33

Suggested Citation

Briceño, Humberto, The Jurisdiction of the Inter-American Court of Human Rights Should Outlive Defection (June 15, 2020). University of Miami’s Inter-American Law Review (“IALR”), Forthcoming, Available at SSRN: https://ssrn.com/abstract=3627641

Humberto Briceño (Contact Author)

Lewis & Clark Law School ( email )

10015 S.W. Terwilliger Blvd.
Portland, OR 97219
United States

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