The Doctrine of Conventionality Control : Between Uniformity and Legal Pluralism in the Inter-American Human Rights System (Law and Cosmopolitan Values)

Gonzalez-Dominguez, Pablo

Intersentia Ltd（2018/04発売）

• 製本 Hardcover:ハードカバー版／ページ数 300 p.
• 言語 ENG
• 商品コード 9781780686271
• DDC分類 323

Full Description

The creation of the doctrine of conventionality control is one of the most recent and ambitious efforts undertaken by the Inter-American Court of Human Rights to increase the effectiveness of and compliance with the American Convention on Human Rights (ACHR) at the State level. It is an international obligation of all State parties to interpret domestic law in accordance with the ACHR and with the Inter-American Corpus Juris more generally, and to avoid the enforcement of that law in the case that no consistent interpretation is legally possible.

This book is the first that approaches conventionality control from an analytical, critical and normative perspective. The author applies the principle of subsidiarity as a theoretical framework to argue the legality of and clarify the content of conventionality control as an international legal obligation. This innovative approach explains the normative foundations and effects of the doctrine in a manner that increases the effectiveness of the ACHR and the decisions of the Inter-American Court, whilst also respecting the legitimate freedom of States in the way they implement international human rights law at a domestic level.

Coinciding with the 40th anniversary of the ACHR coming into force, The Doctrine of Conventionality Control is an important contribution to the literature on the application of the ACHR in the State parties. It is a book for everybody interested in, involved with or affected by the implementation of the ACHR.