The jurisprudence of the Inter-American Court of Human Rights as a source of law. A review of the doctrine of "examination of compliance"

Abstract

The international law doctrine affirms that the judgments of international courts are only auxiliary source of international law producing effects on parties and in respect of the case decided only. The Inter-American Court of Human Rights has ruled that member States should conduct a review for compliance (control de convencionalidad) contrasting local regulations with the Court case law. This review implies to understand the decisions of the IACHR as a source of domestic law, with direct applicability and consequentially limiting the scope of sovereign decision of the member States. For the consolidation of this review in the inter-American human rights system, it is appropriate to have an express constitutional authorization of the member States and include the resource to the doctrine of the margin of national appreciation. It would be appropriate for the IACHR, using unprecedented mechanisms of reparation, to explore different forms of interagency dialogue with local authorities.