Precedent of the Inter-American Court of Human Rights: State Compliance and Judicial Performance in Brazil, Colombia, Argentina, Chile, and Bolivia

Max Planck Institute for Comparative Public Law & International Law (MPIL) Research Paper No. 2023-02

Forthcoming, Christoph Bezemek & Yaniv Roznai (eds), The Most Endangered Branch: Courts and Judicial Review in Theoretical and Comparative Perspectives.

38 Pages Posted: 19 Jan 2023 Last revised: 30 Jan 2023

See all articles by Ranieri L Resende

Ranieri L Resende

Federal University of Rio de Janeiro (UFRJ) - School of Law

Date Written: January 18, 2023

Abstract

Considering the external effects of adjudicative activity of the Inter-American Court of Human Rights, structural questions emerge regarding the influence of IACtHR precedent in judicial branches of the States Parties to the American Convention on Human Rights. In this sense, this chapter seeks to apply the theoretical typologies developed by Ryan Goodman and Derek Jinks to the analysis of operative mechanisms of influence of international law inside the Member States’ jurisdictions. In this regard, it was necessary to create new specific categories (e.g., acculturative persuasive precedent, selective persuasive precedent), to test whether they suitably describe the application of Inter-American precedents, in an attempt to categorize the recent performance of the highest courts in Brazil, Colombia, Argentina, Chile, and Bolivia. Additionally, the concept of double control of conventionality has presented essential perspectives for the compliance with IACtHR judgments by demanding States, as well as the interpretation and application of national laws deemed compatible, or not, with the Pact of San José. In the end, quantitative analysis played an important role in measuring each national court’s assimilation of international precedents as it outlined scenarios of explicit adoption of Inter-American Court precedent by national judicial branches. Sampled States were classified as follows: a) Brazil: selective persuasive IACtHR precedent with low performance; b) Colombia: acculturative persuasive IACtHR precedent with high performance; c) Argentina: selective persuasive IACtHR precedent with moderate performance; d) Chile: selective persuasive IACtHR precedent with high performance; and e) Bolivia: acculturative persuasive IACtHR precedent with moderate performance.

Keywords: international courts, American Convention on Human Rights, Inter-American Court, compliance, conventionality control, constitutional courts, comparative law, quantitative research

Suggested Citation

Resende, Ranieri L, Precedent of the Inter-American Court of Human Rights: State Compliance and Judicial Performance in Brazil, Colombia, Argentina, Chile, and Bolivia (January 18, 2023). Max Planck Institute for Comparative Public Law & International Law (MPIL) Research Paper No. 2023-02, Forthcoming, Christoph Bezemek & Yaniv Roznai (eds), The Most Endangered Branch: Courts and Judicial Review in Theoretical and Comparative Perspectives., Available at SSRN: https://ssrn.com/abstract=4328668 or http://dx.doi.org/10.2139/ssrn.4328668

Ranieri L Resende (Contact Author)

Federal University of Rio de Janeiro (UFRJ) - School of Law ( email )

Rua Moncorvo Filho, 8
Rio de Janeiro, RJ 20211-340
Brazil

HOME PAGE: http://www.ppgd.direito.ufrj.br/

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