Should I stay or should I go? The effects of denunciation of the American Convention and the Inter-American Court of Human Rights’ Advisory Opinion 26/2020
Interpreting Articles 78 of the ACHR & 143 of the OAS Charter. Is there something special when the IACtHR comes to interpret “procedural clauses”?
1. Introduction Interpretation is a fascinating topic for scholars. It has always been at the core of the study of law for the simple and sole reason that when judges interpret norms, they are able to, in effect, become legislators, that is to say if they consider it is an absolute necessity, given – for...
The political question of human rights. Dissent by judge Raúl Zaffaroni in OC-26/20
1. Introduction International Courts are often challenged by accusations that they overstep their mandates due to engagement with political questions; this issue is further made complex when cases involve human rights. This article discusses Judge Zaffaroni’s dissent in Advisory Opinion OC-26/20, first presenting his concern for the alleged controversial scope of the advisory opinion, then...
The ‘collective guarantee’ of international human rights: Creating, reinforcing, and undoing legitimacies and mandates between law and politics
1. Introduction One of the three questions asked of the Inter-American Court (the Court or IACtHR) in its advisory opinion (the Opinion or OC-26)[1] on the consequences of the denunciation of the American Convention on Human Rights (ACHR)[2] and the Charter of the Organization of American States (OAS Charter)[3] forces the IACtHR to think beyond...
