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Separate Opinion of Judge A.A. Cançado Trindade in the Case Blake versus Guatemala (Reparations, Judgment of 22.01.1999)

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Chapter Summary

The present Blake case, perhaps more than any other case before the Inter-American Court to date, has revealed the ineluctable tension between the postulates of the law of treaties, in the framework of Public International Law, and those of the International Law of Human Rights. This tension originated itself in the limitation ratione temporis of the contentious jurisdiction of the Court, resulting from the temporal intersection in the consideration of the intertwined facts of the continuing situation of the forced disappearance of Mr. Nicholas Chapman Blake. The undue fragmentation of the continuing and complex crime of forced disappearance of persons, besides leading to unsatisfactory legal results, is endowed with an anti-historical character, in the sense that it points to the direction opposite to the contemporary doctrinal and jurisprudential development tending towards the consolidation of a true international legal regime against grave violations of human rights.

Keywords: Human Rights; Inter-American Court; jurisprudential development; Mr.Nicholas Chapman Blake; Public International Law; ratione temporis



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