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Max Planck Encyclopedia of International Procedural Law [MPEiPro]

Conventionality Control: Inter-American Court of Human Rights (IACtHR)

Laurence Burgorgue-Larsen

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 23 September 2020

International courts and tribunals, procedure — Judicial cooperation — Relationship between international and domestic law — Human rights

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 In Latin America, conventionality control is a judge-made creation. It was announced in 2003 and 2004 through important separate opinions by Sergio García Ramírez, judge and President of the Inter-American Court of Human Rights (IACtHR) (‘San José Court’); it appeared formally in 2006 in the Almonacid Arellano case—where the Court ‘[caught] up with the past’, borrowing the words of Claudia Martin (2007, 777–92; Almonacid Arellano v Chile, 2006). It quickly became a popular tool that was applied frequently. 2 The IACtHR’s control of conventionality doctrine...
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