Abstract
Legal scholars have paid significant attention to backlash and resistance against international tribunals. In general, the phenomenon is examined as coming from the outside, that is, from states dissatisfied with certain judgments. Resistance, however, may also come "from within,"when members of the tribunal themselves not only have interpretive disagreements, but challenge the way in which the Court shapes its authority. In this short work, I briefly examine two areas in which this interaction occurs and connect it to the more recent context of resistance against the Inter-American human rights system in order to begin a discussion about how the Court's expansive interpretations may expand its jurisprudence, but ultimately at the cost of exposing the Court's authority.
| Translated title of the contribution | Authority and dissent in the Inter-American Court of Human Rights |
|---|---|
| Original language | Spanish |
| Pages (from-to) | 1254-1260 |
| Number of pages | 7 |
| Journal | International Journal of Constitutional Law |
| Volume | 19 |
| Issue number | 4 |
| DOIs | |
| State | Published - Oct 1 2021 |
| Externally published | Yes |
ASJC Scopus subject areas
- Law
Keywords
- Corte Interamericana de Derechos Humanos
- Inter-American Court of Human Rights
- backlash
- disenso
- dissent
- resistencia