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Vol 21 No 9 Sept/Oct 2016

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The Inter-American Court of Human Rights New ed

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J. Scott DavidsonFaculty of Law, University of Canterbury, New Zealand

ISBN13: 9781855212343
ISBN: 185521234X
Published: September 1993
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: Hardback
Price: Out of print

This book describes and analyzes the structure, procedure, practice and emerging jurisprudence of the Inter-American Court of Human Rights. The form and functions of the Court are considered in the context of the Inter-American system as a whole, and the development of its contentious and advisory jurisdictions is discussed in detail. Particular attention is devoted to the Court's present contribution to the corpus of international human rights law, in which parallels are drawn with other analogous institutions where appropriate. Finally, an attempt is made to identify the ideological assumptions which influence the Court's emerging jurisprudence and an assessment is made of the Court's future prospects. While the structure of the court and its jurisprudence lie broadly within traditional concepts of international human rights law, there are certain distinctive features which emanate from the geo-political and socio-economic context within which the Court functions. These factors are considered as an integral part of the work.

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The inter-American system and the organization of American states; origins of the system; the organization of American states; the major organs of the OAS; the regional system for protecting human rights; under the OAS charter; the American convention on human rights; the structure and procedure of the court; structure of the court; rights, duties and responsibilities of judges; organization of the court; the practice and procedure of the court; contentious proceedings; advisory opinions; the contentious jurisdiction of the court; acceptance of the court's jurisdiction; waiver of commission procedures; exhaustion of domestic remedies; evidence and the burden of proof in contentious cases; judgments in contentious cases; remedies; the advisory jurisdiction of the court; basis of the court's advisory jurisdiction; who may request an advisory opinion?; what may be the subject matter of an advisory opinion?; the court's obligation to tender advisory opinions; disguised contentious cases; the meaning of ""other treaties"" in article 64(1); the meaning of ""domestic laws"" in article 64(2); agencies of the state competent to seek an opinion; the developing jurisprudence of the court; the court's techniques of interpretation; the literal approach; context and object and purpose; supplementary means of interpretation; the development of international law by the court; the law of treaties; state responsibility; the rule against discrimination; the development of the court's jurisprudence concerning the convention substantive rights; disappearances - the right to life (article 4), the right to humane treatment (article 5) and the right to personal liberty (article 7); the right to nationality (article 20); freedom of thought and expression (article 13); right to reply (article 14); restrictions to, and derogation from, rights protected by the convention; evolving concepts, current problems and future prospects; the court, its ideology and human rights; human rights and ius cogens; human rights as novel instruments; lack of use of the court's contentious jurisdiction; general problems concerning the international protection of human rights; problems arising from the structure of the convention.