On 11 November 2015,
the American Society of International Law (ASIL) published a special edition of
its AJIL Unbound journal,
in which four scholars and practitioners reflect on the interaction of the
Inter-American Court with domestic judiciaries in Latin America.
According to
the collection’s editors, the essays “provide insight into the transformation
of what was once a region of legalist interpretive theory and sovereigntist
states into a more cosmopolitan, integrated and rights-oriented legal realm”.
The Symposium
publication was edited by Alexandra Huneeus, IAHRN scholar and Associate
Professor of Law at University of Wisconsin Law School. An introduction written
by Prof. Huneeus traces the evolution of the constitutionalisation of
international law and discusses the significance of the new collection of
essays.
The special
edition journal continues with contributions on the following topics:
- An article on the development, legal
foundation and positive effects of the conventionality control doctrine in the
IAHRS, written by Inter-American Judge Eduardo Ferrer Macgregor;
- A response piece by Ariel Dulitzky, which
argues that the conventionality review system represents an overreach of the
power of the Inter-American Court, which undermines domestic judiciaries;
- A discussion of a Latin American ius constitucionale commune
by Armin von Bogdandy, who views this as a mainly positive development for the
region; and
- An essay by Roberto Gargarella in which he
discusses the downsides of conventionality control, with reference to the case
of Gelman v. Uruguay.
The full text
of the above articles is available online via the ASIL website.
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