The Practice and Procedure of the Inter-American Court of Human Rights

The Practice and Procedure of the Inter-American Court of Human Rights

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Description

A thoroughly revised second edition that incorporates the major changes made in the procedures and practice of the Inter-American Court. Jo M. Pasqualucci analyzes all aspects of the Court's advisory jurisdiction, contentious jurisdiction and provisional measures orders through 2011. She also compares the practice and procedure of the Inter-American Court with that of the European Court of Human Rights, the Permanent Court of Justice and the United Nations Human Rights Committee. She evaluates changes in the Rules of Procedure of the Inter-American Court that entered into force on January 1, 2010, and which substantially change the role of the Inter-American Commission in contentious cases before the Court. She also evaluates the challenges and means of State compliance with the Court's innovative reparations orders. Featuring revisions to every chapter to address the major changes, this book will provide an important and updated resource for scholars, practitioners and students of international human rights law.show more

Product details

  • Electronic book text
  • CAMBRIDGE UNIVERSITY PRESS
  • Cambridge University Press (Virtual Publishing)
  • Cambridge, United Kingdom
  • Revised
  • 2nd Revised edition
  • 1139786237
  • 9781139786232

Review quote

'A valuable review of all relevant elements of the Court's practice, including issues relating to admissibility, fact finding, provisional measures, oral and written proceedings, scope of judgments, and so on. There is a great deal of material in these pages that scholars will find of value in seeking to understand the Court's jurisprudence and how it has evolved over the years. The book contains important insights about the Court's methodology and its transformation of the American Convention into an effective tool for the protection of human rights in the Americas, as well as various examples of the Court's contribution to international human rights law in general. No one trying to understand the manner in which the Court functions can afford to be without this book.' Thomas Buergenthal, former Judge, International Court of Justice, and Inter-American Court of Human Rights 'A significant contribution to the study of the Inter-American human rights system and international human rights law more generally ... Throughout the book the discussion of each particular point is extremely detailed, providing full reference to relevant case law, rules, and treaty provisions. Even though the focus is on procedure, the extensive discussion of case law provides a good idea of analysis on substantive issues, demonstrating the intimate connection between procedure and substance in ensuring the protection of human rights.' Richard Burchill, University of Hull Review of the first edition: 'This ambitious and comprehensive book provides a first-class reference source and an important guide for scholars, practitioners, and human rights activists, as well as persons not familiar with the complexity of the inter-American human rights system.' Nordic Journal of Human Rights 'Pasqualucci's thorough, clearly written, well-organized survey and critique of how contentious cases and advisory opinions proceed before the Court is an indispensable guide for practitioners as well as a valuable contribution to international legal scholarship. She regularly compares the practice of the Court to that of other international courts and bodies, enriching her analysis by an understanding of the global institutional framework of which the Court has become an innovative and transformational part.' Douglass Cassel, American Journal of International Lawshow more

Table of contents

1. Introduction; 2. Advisory practice and procedure; 3. Proceedings before the Inter-American Commission; 4. Jurisdiction of the Inter-American Court; 5. Proceedings on the merits: fact-finding and attribution of state responsibility; 6. Victim reparations; 7. Provisional measures; 8. State compliance with court ordered reparations; Appendix 1. American Convention on Human Rights; Appendix 2. Rules of procedure of the Inter-American Court of Human Rights; Appendix 3. Statute of the Inter-American Court of Human Rights; Appendix 4. Rules of procedure of the Inter-American Commission on Human Rights.show more

About Jo M. Pasqualucci

Jo M. Pasqualucci is Professor of Law at the University of South Dakota. She earned an SJD in International and Comparative Law from George Washington University Law School and was affiliated with the Inter-American Court of Human Rights as a Fulbright scholar in Costa Rica. She lived in Central America for several years. Pasqualucci's articles on the Inter-American Court have been published in journals such as the Stanford Journal of International Law, the Michigan Journal of International Law, the Virginia Journal of International Law, the Wisconsin International Law Journal and the Human Rights Law Review.show more