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European Journal of International Law 2008 19(1):101-123; doi:10.1093/ejil/chn002
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The European Journal of International Law Vol. 19 no. 1 © EJIL 2008; all rights reserved

Import, Export, and Regional Consent in the Inter-American Court of Human Rights

Gerald L. Neuman*

* J. Sinclair Armstrong Professor of International, Foreign, and Comparative Law, Harvard Law School. Email: neuman{at}law.harvard.edu.

  Abstract

The Inter-American Court of Human Rights has elaborated a significant body of human rights jurisprudence through interpretation of regional human rights conventions and the adaptation of European and global precedents and global soft law. The Inter-American Court has also aspired to influence outside its region by offering innovative interpretations of human rights and by identifying norms as jus cogens. The Court's methodology in recent years has appeared to give insufficient consideration to the consent of the regional community of states as a factor in the evolutive interpretation of a human rights treaty. The article illustrates and criticizes that trend, and contends that greater attention to indicia of regional consent could improve the acceptance and effectiveness of the inter-American human rights system.


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