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Concurring Opinion of Judge A.A. Cançado Trindade in the Case of James et alii versus Trinidad and Tobago (Provisional Measures, of 25.05.1999)

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Chapter Summary

The decision of the Inter-American Court of Human Rights on Provisional Measures in respect of the Republic of Trinidad and Tobago contributes to the fulfilment of the object and purpose of the American Convention on Human Rights in the context of the present matter, which preserves the integrity of the mechanism of supervision of the American Convention, and which reflects the juridical nature of the provisional measures of protection. In cases of extreme gravity and urgency, and when necessary to avoid irreparable damage to persons, the Court shall adopt such provisional measures as it deems pertinent in matters it has under consideration. Besides the preventive dimension of this protection, such measures disclose the specificity of the International Law of Human Rights. In so far as the Inter-American Court is concerned, such considerations of ordre public extend themselves to the exercise of the advisory and contentious functions of the Tribunal.

Keywords: American Convention on Human Rights; Human Rights; Inter-American Court; International Law of Human Rights; ordre public; Provisional Measures; Tobago; Tribunal; Trinidad



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