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Part One Introduction, Evolution, and Operation of the Inter-American System, 3 Petitioning the Inter-American System: Admissibility Requirements for Contentious Cases

James L. Cavallaro, Claret Vargas, Clara Sandoval, Bernard Duhaime, Caroline Bettinger-Lopez, Stephanie Erin Brewer, Diana Guzmán, Cecilia Naddeo

From: Doctrine, Practice, and Advocacy in the Inter-American Human Rights System

James L. Cavallaro, Claret Vargas, Clara Sandoval, Bernard Duhaime, Caroline Bettinger-Lopez, Stephanie Erin Brewer, Diana Guzman, Cecilia Naddeo

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 28 February 2021

Subject(s):
Human rights remedies

This chapter outlines the means of petitioning the Inter-American Commission and bringing contentious cases to the Inter-American Court. It examines the rules and procedures of the Inter-American system regarding the admissibility of contentious cases, as well as the evolution of the jurisprudence of the Commission and Court on the exhaustion of domestic remedies and jurisdictional requirements. The chapter begins by reviewing the development of the Commission’s individual petitioning process and the path that a complaint takes through the Inter-American system from initial submission to judgment by the Court. It then examines challenges posed by the Commission’s caseload and the number of petitions pending review before discussing the justifications and effectiveness of the preliminary objection system.

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