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International Responsibility for the Promulgation and Enforcement of Laws in Violation of the Convention (Articles 1 and 2 of the American Convention on Human Rights)
Published online by Cambridge University Press: 01 January 2021
Abstract
State responsibility — Violation of human rights treaty — International obligations under American Convention on Human Rights, 1969 — Promulgation of domestic law manifestly violating Convention — Whether violation affecting protected rights and freedoms of specific individuals — Whether State incurring international responsibility — Enforcement of domestic law by agents or officials of State — Whether State incurring international responsibility — Whether enforcement of law constituting international crime — Duties and responsibilities of agents or officials — Whether agents or officials of State incurring individual responsibility
Relationship of international law and municipal law — Treaties — American Convention on Human Rights, 1969 — 1993 Peruvian Constitution manifestly violating Peru's international obligations under Convention — Legal effects of municipal law in domestic sphere — Legal effects of municipal law in international sphere — General principles of international law — Duty to fulfil international obligations in good faith — Municipal law no justification for non-fulfilment of international obligation — Articles 26 and 27 of Vienna Convention on Law of Treaties, 1969
Treaties — American Convention on Human Rights, 1969 — International obligations of State Party to Convention — Article 1 — Duty to respect rights and freedoms recognized in Convention — Article 2 — Duty to adopt domestic measures giving effect to rights — Whether encompassing duty to refrain from adopting domestic measures violating rights
International tribunals — Inter-American Court of Human Rights — Advisory jurisdiction — Purpose — Whether Court possessing requisite competence to render opinion — Inter-American Commission on Human Rights requesting Advisory Opinion — Nature of request — Whether Commission basing request on Article 64(1) or 64(2) of Convention — Whether Commission having necessary standing
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