Reducing Victim-Oriented Interpretation in the Inter-American Court of Human Rights: At the Price of Procedural Certainty?
65 Pages Posted: 29 Jun 2017
Date Written: March 15, 2011
Abstract
This paper revises procedural and substantive interpretation by the judges of the Inter-American Court of Human Rights, between 2000 and 2009. The empirical (qualitative) data shows that two paradigms have lived together for about 6 years, until in 2006, coinciding with judge Cansado Trinidad leaving the Court, the participatory approach took more prominence. The data shows as well that the decision to implement procedural changes gradually had the disadvantage of compromising, at times, judicial certainty. The actor-centred methodology of this paper allows to present tensions as well as synergies between the parties interacting before the Court. This paper is part of a larger research project that was accepted by the University of Essex as a PhD dissertation, and was published in the archives of the British Library (2011).
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