International Law/IR Workshop with Wayne Sandoltz

DateNovember 21, 2014

Time2:00pm to 3:30pm

Location
4357 Bunche Hall

Contact

Presenter:Wayne Sandoltz, University of Southern CaliforniaTitle: “Law and Politics in a Trustee Court: Amnesty Laws and the Inter-American System”Abstract:In a series of decisions starting in 2001, the Inter-American Court of Human Rights (IACtHR) has ruled that amnesty laws that create impunity for serious violations of human rights violate the American Convention on Human Rights and other treaties.  In addition, the IACtHR has, in some of its decisions, taken the extraordinary step of nullifying national amnesty laws.  We argue that the work of the Inter-American Court and its partner institution, the Inter-American Commission on Human Rights, can be understood as that of trustees.  Our central claim is that the Commission and the Court will try to expand the fulfillment of human rights in the Americas but that they modulate their decisions in light of the domestic politico-legal context in respondent states.  The Commission controls the timing of when cases arrive at the Court, and the Court controls the scope of final decisions. We offer a set of propositions regarding the timing of decisions, the scope of decisions (narrow versus expansive), and the degree to which decisions follow the Court’s existing jurisprudence.  The analysis of all fourteen of the Court’s amnesty decisions is generally consistent with our propositions.Paper: Click here to download.

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