martes, 7 de marzo de 2017

Anuario Colombiano de Derecho Internacional (Vol. 10, 2017)


Reporte elaborado por Oswaldo Ruiz-Chiriboga.

En el último volumen del Anuario Colombiano de Derecho Internacional (Vol. 10, 2017) se publicaron los siguientes artículos sobre el Sistema Interamericano:
 
Building Prevention to Protect: The Inter-American Human Rights System 
Carlos Portales y Diego Rodríguez-Pinzón 

Abstract: The article explores the way that the Inter-American human rights system assumes the "responsibility to protect" in the context of serious violations of human rights that can be characterized as war crimes, crimes against humanity, genocide, and ethnic cleansing. The essay describes how the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights have responded to such situations by using the ample powers granted to them by the OAS member states. The authors consider that these organs have been some of the most effective tools with which this region has confronted such situations by seeking to prevent them from occurring in the first place. The Inter-American system has contributed to building democratic regimes in the majority of the countries of the hemisphere. This has been crucial to avoiding serious violations of human rights such as those mentioned above, which would have required urgent international intervention to overcome. 

Treaties over time and Human Rights: A Case Law analysis of the Inter-American Court of Human Rights 
Carlos Enrique Arévalo Narváez y Paola Andrea Patarroyo Ramírez 

Abstract: This paper analyzes the issue of treaties over time and the interpretations of the Inter-American Court of Human Rights in this context. Parts 1 and 2 introduce the elements of treaty interpretation in general international law, providing criteria for the application of the evolutionary approach to treaty interpretation, the debate between the application of evolutive interpretation and the use of subsequent conduct. Part 3 addresses the issue of fragmentation in international human rights law, and through the case law of the Inter-American Court of Human Rights, provides evidence for the application of the rules of general international law to interpret the American Convention on Human Rights. Finally, conclusions are extracted on the basis of the case law analyzed, contrasting the Court's application of the American Convention over time, the conclusions of the International Law Commission Reports on the Fragmentation of International Law in 2008, and the preliminary conclusions of the Study Group on Subsequent Agreements and Subsequent Practice concerning treaty interpretation and the issue of the passage of time.

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