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Concurring Opinion of Judge A.A. Cançado Trindade in the Case of Paniagua Morales and Others versus Guatemala (Resolution, of 11.09.1995)

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Chapter Summary

The institution of the ad hoc Judge has permeated the Statute of the Permanent Court of International Justice, and that of the International Court of Justice, and has survived to this date in the systems of the American Convention on Human Rights, and of the European Convention on Human Rights. To fill the gaps of the applicable legal texts, the Inter-American Court exercises important function of the interpretation of the letter and the spirit of the American Convention on Human Rights. The basic concern of the Court, more than with perceptions of the parties as to the extent of their own faculties, cannot be other than with the preservation of its total impartiality and independence so that it may contribute effectively with the accomplishment of the ultimate object and purpose of the American Convention on Human Rights. The present Resolution of the Court constitutes a correct step in this direction.

Keywords: ad hoc Judge; American Convention on Human rights; European Convention on Human rights; Inter-American Court



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