The Great Promise of Comparative Public Law for Latin America

2018 ◽  
Author(s):  
Alejandro Rodiles
Keyword(s):  
Human Rights ◽  
Latin America ◽  
International Law ◽  
Latin American ◽  
Academic Discourse ◽  
Public Law ◽  
Great Promise ◽  
National Courts ◽  
Ius Commune

This chapter analyzes “ius constitutionale commune in Latin America” (ICCLA) in light of comparative international law. For the proponents of ICCLA, this represents a common public law of the region that emerges through judicial dialogue among the Inter-American Court of Human Rights (IACHR) and Latin American national courts. This chapter questions this assumption, first by focusing on the ideological and theoretical genesis of this project, which is the product of a trans-regional academic discourse centered on a German conception of European constitutionalism (Gemeineuropäisches Verfassungsrecht). Next, it addresses the main features of the regional judicial dialogue, considering whether it truly reveals a pluralistic conversation, or instead denotes a monologue promoted by the IACHR. It argues that the latter comes closer to the truth, a conclusion that leads to a reconsideration of the pluralistic narrative about ICCLA. This, in turn, raises serious doubts about the emergence of ius commune in Latin America.

scholarly journals Bioethical Aspects of Human Rights in Modern Latin America

2021 ◽  
Vol 8 (1) ◽  
pp. 85-98
Author(s):  
J. A. Travieso ◽  
A. V. Ferraro ◽  
E. N. Trikoz ◽  
E. E. Gulyaeva
Keyword(s):  
Human Rights ◽  
Latin America ◽  
International Law ◽  
Latin American ◽  
World Order ◽  
International Standards ◽  
Practical Implementation ◽  
Legislative Process ◽  
Theoretical Approaches ◽  
Legal Provisions

The aim of the paper is to analyze the bioethical aspects of the institution of human rights in Latin America. The result of the present research is the author's conclusion on the necessity of the practical implementation of legal provisions in this area, and their judicial enforcement in many states of Latin America with the aim of compliance with international standards of human rights. In the face of global uncertainty of COVID-19, it is more necessary than ever to maintain a strong commitment to international law and human rights with responsibility in bioethics, and also to seek to preserve and consolidate what has been advanced in the construction of a world order based on rules and shared values, along with a policy structured on common values and international principles. States must take international responsibility for wrongful acts for the violation of human rights in biolaw. The research methodology was based on general scientific and private scientific methods of cognition (the dialectical method, methods of analysis and synthesis, deduction and induction, comparative legal and historical legal methods). The biolaw basing on the International Law and Human Rights has its special understanding of the issue, which should be supported by further legislative development in Latin America. Latin American courts will not be able to make judgments on bioethical issues for a long time, while it is closely related to biopolitics and other controversial regional political positions. There are structural and historical problems of Latin American legal culture, a high index of criminal impunity and wide discretion of law-enforcement agencies that do not apply specific principles of biolaw and even bypass official bioethical guidelines in their practice. The author's give overview of the practice of Mexico on the matter of the legislative process in biolaw. The paper focuses on different theoretical approaches.

Contours of an Indigenous Peoples’ Right to Water in Latin America under International Law

2012 ◽  
Vol 1 (2) ◽  
pp. 211-236 ◽  
Author(s):  
Marco Parriciatu ◽  
Francesco Sindico
Keyword(s):  
Human Rights ◽  
Latin America ◽  
International Law ◽  
Indigenous People ◽  
Indigenous Peoples ◽  
Latin American ◽  
Human Right ◽  
Customary Laws ◽  
The One ◽  
Definition Of

This article critically assesses the nature and the content of a possible human right to water for Indigenous People in the Latin American context. On the one hand, after introducing the deliberately unclear definition of Indigenous People, the article considers that a human right to water is embedded in Indigenous Peoples’ customary laws, which, according to legal pluralism, are to be considered as a legitimate source of law. The article then moves to the content of a possible human right to water for Indigenous People in the Latin American context. The importance of the jurisprudence of the Inter American Court of Human Rights is highlighted, and the obligation for States to consult with Indigenous People when dealing with their water resources is hailed as one of the key elements of a human right to water.

Judicial Interactions and Human Rights Contestations in Latin America

2021 ◽  
Author(s):  
Jorge Contesse
Keyword(s):  
Human Rights ◽  
Latin America ◽  
Latin American ◽  
Case Law ◽  
The Past ◽  
National Courts ◽  
American States ◽  
History Of ◽  
Potential Mode ◽  
International Adjudication

Abstract The Inter-American Court of Human Rights is one of the world's most active human rights tribunals. Through an impressive history of case law, the Court has exerted significant influence upon Latin American states. In recent years, however, states and domestic national courts have challenged the Inter-American Court's authority in more complex and potentially more damaging ways than in the past. By exploring how the Inter-American Court of Human Rights has expanded its reach upon states, and how states engage in turn, the Article examines ways of interaction that can enhance or debilitate the Court's authority and influence on states. The Article explores recent dissents as a potential mode of resistance, especially when coupled with states' unease towards international adjudication and suggests ways in which the Court may respond to such challenges in order to protect and enhance its authority.

Domestic Application of International Law in Latin America

2019 ◽  
pp. 564-581
Author(s):  
René Urueña
Keyword(s):  
Human Rights ◽  
Latin America ◽  
International Law ◽  
Latin American ◽  
Foreign Relations ◽  
Case Law ◽  
Foreign Affairs ◽  
International Human Rights Law ◽  
Domestic Courts ◽  
Deep Integration

This chapter explores the deep interaction of Latin American constitutions with international law, and international human rights law in particular, as a contribution to the emerging field of “comparative foreign affairs law.” The chapter begins by describing how open constitutional clauses and the case law of domestic courts facilitate such a deep integration of domestic and international law in the region. It then explores the international factors that explain the interaction, focusing on the doctrine of “control of conventionality,” developed by the case law of the Inter-American Court of Human Rights. The tide in the region, though, might be changing, and the chapter describes some of the incipient resistance that the deep integration of international law in domestic systems seems to be inspiring. The chapter concludes by considering the potential, and limits, of a “foreign relations law” field from the perspective of Latin America.

The Normative Impact of the Inter-American Court of Human Rights on Latin-American National Prosecution of Mass Atrocities

2013 ◽  
Vol 46 (3) ◽  
pp. 405-430
Author(s):  
Ximena Medellín-Urquiaga
Keyword(s):  
Human Rights ◽  
International Law ◽  
Latin American ◽  
Human Rights Violations ◽  
International Crimes ◽  
Judicial Decisions ◽  
National Courts

Throughout its history, the Inter-American Court of Human Rights has ruled in a significant number of cases on the state's obligations to investigate and prosecute grave human rights violations and international crimes. Regardless of the existence of this body of international jurisprudence, an important question remains unanswered: Can the Inter-American Court's decisions have any significant normative impact on national jurisdictions when it comes to the prosecution of international crimes? This article argues that such an impact is possible provided that the national courts have a specific judicial identity, better associated with the idea of neo-constitutionalism. In this context, international law and regional human rights jurisprudence becomes a relevant argumentative resource, which can be incorporated into judicial decisions in order to ensure the effective prosecution of gross human rights violations and international crimes.

Comparative Views on the Right to Vote in International Law

2018 ◽  
Author(s):  
Shai Dothan
Keyword(s):  
Human Rights ◽  
International Law ◽  
National Courts ◽  
European Court ◽  
Right To Vote ◽  
The Right ◽  
Democratic Elections ◽  
The Way

There is a consensus about the existence of an international right to vote in democratic elections. Yet states disagree about the limits of this right when it comes to the case of prisoners’ disenfranchisement. Some states allow all prisoners to vote, some disenfranchise all prisoners, and others allow only some prisoners to vote. This chapter argues that national courts view the international right to vote in three fundamentally different ways: some view it as an inalienable right that cannot be taken away, some view it merely as a privilege that doesn’t belong to the citizens, and others view it as a revocable right that can be taken away under certain conditions. The differences in the way states conceive the right to vote imply that attempts by the European Court of Human Rights to follow the policies of the majority of European states by using the Emerging Consensus doctrine are problematic.

scholarly journals Democratic Values, Religiosity, and Support for Same-Sex Marriage in Latin America

2017 ◽  
Vol 59 (4) ◽  
pp. 75-98 ◽  
Author(s):  
Michelle L. Dion ◽  
Jordi Díez
Keyword(s):  
Human Rights ◽  
Latin America ◽  
Latin American ◽  
Capital City ◽  
Religious Values ◽  
Democratic Values ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Same Sex Couples ◽  
Latin American Countries

AbstractLatin America has been at the forefront of the expansion of rights for same-sex couples. Proponents of same-sex marriage frame the issue as related to human rights and democratic deepening; opponents emphasize morality tied to religious values. Elite framing shapes public opinion when frames resonate with individuals’ values and the frame source is deemed credible. Using surveys in 18 Latin American countries in 2010 and 2012, this article demonstrates that democratic values are associated with support for same-sex marriage while religiosity reduces support, particularly among strong democrats. The tension between democratic and religious values is particularly salient for women, people who live outside the capital city, and people who came of age during or before democratization.

scholarly journals Economic sanctions and human rights: an analysis of competing enforcement strategies in Latin America

2014 ◽  
Vol 57 (1) ◽  
pp. 197-215 ◽  
Author(s):  
Cristiane de Andrade Lucena Carneiro
Keyword(s):  
Human Rights ◽  
Latin America ◽  
Latin American ◽  
Economic Sanctions ◽  
Deterrent Effect ◽  
Rights Protection ◽  
Protection Of Human Rights ◽  
Political Terror ◽  
Using Data ◽  
The Relationship

This article addresses the consequences of economic sanctions for the protection of human rights in Latin America. The literature on sanctions and compliance informs three hypotheses, which investigate the relationship between sanctions and the level of rights protection in two groups of countries: those that were targeted by sanctions and those that were not. Using data from the Political Terror Scale (PTS) and from Freedom House, I find empirical evidence that sanctions do improve the level of protection in countries that were not targeted. This finding can be explained by the deterrent effect attributed to sanctions by the compliance literature, broadly interpreted. The presence of economic sanctions in a given year increases the probability of observing better human rights practices by almost 50%. These results hold for the 12 Latin American countries that were not subject to economic sanctions for the period 1976-2004.

scholarly journals Maritime Piracy in the Modern Era in Latin America

2020 ◽  
pp. 121-128
Author(s):  
Amarilla Kiss
Keyword(s):  
Latin America ◽  
International Law ◽  
Latin American ◽  
Legal Aspect ◽  
Maritime Piracy ◽  
American States ◽  
The Caribbean ◽  
Domestic Law ◽  
Modern Era ◽  
Latin American Countries

Maritime piracy is an activity that was considered defunct long ago and that Latin American countries experience it again in the 21st century. Since 2016 the number of attacks has increased dramatically involving armed robbery, kidnapping and massacre. Modern day piracy has nothing to do with the romantic illusion of the pirates of the Caribbean, this phenomenon is associated with the governmental, social or economic crisis of a state. When it appears, we can make further conclusions regarding the general conditions of the society in these states. But do these attacks really constitute piracy under international law? Does Latin American piracy have unique features that are different from piracy in the rest of the world? The study attempts to answer the questions why piracy matters in Latin America and how it relates to drug trafficking and terrorism. Apart from that, the study presents a legal aspect comparing the regulation of international law to domestic law, especially to the national law of Latin American states.

Liberation Theology and the Central America Solidarity Movement

2019 ◽  
pp. 95-126
Author(s):  
Sharon Erickson Nepstad
Keyword(s):  
Human Rights ◽  
Social Justice ◽  
Latin America ◽  
Central America ◽  
Liberation Theology ◽  
Latin American ◽  
Central American ◽  
Religious Movements ◽  
Revolutionary Movements ◽  
School Of The Americas

This chapter examines the conditions that fostered liberation theology in Latin America. The chapter provides a brief overview of liberation theology’s central themes and how it fueled revolutionary movements in Central America, particularly in Nicaragua, El Salvador, and Guatemala. It surveys the Catholic hierarchy’s responses, ranging from sympathy to condemnation, and highlights several US religious movements that expressed solidarity with Central American Catholics who were fighting for social justice. These organizations included Witness for Peace, which brought US Christians to the war zones of Nicaragua to deter combat attacks, and also Pledge of Resistance, which mobilized tens of thousands into action when US policy toward the region grew more bellicose. Finally, the chapter describes the School of the Americas Watch, which aimed to stop US training of Latin American militaries that were responsible for human rights atrocities.

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