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

ISBN-13: 9781107006584 / Angielski / Twarda / 2012 / 462 str.

Jo M Pasqualucci

Opis

In a thoroughly revised second edition that incorporates the major changes made in the procedures and practice of the Inter-American Court since the original publication of this book, Jo M. Pasqualucci provides a comprehensive critique that is at once scholarly yet practical. She 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 numerous new judgments, provisional measures, and orders adopted by the Court, this book will provide an important and updated resource for scholars, practitioners, and students of international human rights law.

Recenzje

'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 Law

Spis treści

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.