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Max Planck Encyclopedia of International Procedural Law [MPEiPro]

Advisory Proceedings: Inter-American Court of Human Rights (IACtHR)

Claudia Martin

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 04 December 2021

Subject(s):
Control — Comity — Regional organizations — Deference — Judicial reasoning — Theory of international law

Published under the direction of Hélène Ruiz Fabri, with the support of the Department of International Law and Dispute Resolution, under the auspices of the Max Planck Institute Luxembourg for Procedural Law.

1 The Inter-American Court of Human Rights (IACtHR) (or ‘Court’) is an autonomous judicial institution created by the American Convention on Human Rights (1969) (‘ACHR’). The ACHR grants the Court two types of jurisdictions: a contentious jurisdiction and an advisory jurisdiction (Arts 62 and 64 ACHR, respectively). Additionally, Article 63 ACHR grants the IACtHR the power to issue provisional measures in cases of extreme gravity and urgency, and when necessary to avoid irreparable damage to persons. 2 During its first years of existence, the Court dedicated most...
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