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Concurring Opinion of Judge A.A. Cançado Trindade in the Advisory Opinion n. 15 on Reports of the Inter-American Commission on Human Rights (of 14.11.1997)

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Chapter Summary

The decision of the Inter-American Court of Human Rights to sustain the wide scope of its advisory jurisdiction represents an advancement with positive consequences towards the strengthening of its advisory function under Article 64 of the American Convention on Human Rights. It would be inadmissible to abide by any attempt to subordinate the advisory jurisdiction of an international tribunal such as the Inter-American Court to the changing behaviour and the vicissitudes of the manifestations of the consent of each one of those concerned in the consultation. The advisory function of the Inter-American Court and its operation are a matter of international ordre public. The thesis of the author firmly supports the decision with regard to competence and admissibility taken by the Court in the present Advisory Opinion. The thesis is applied in the present domain of the international protection of human rights, which finds inspiration in common superior values.

Keywords: advisory jurisdiction; American Convention; Inter-American Court of Human Rights; international protection of human rights; international tribunal



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