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The Practice and Procedure of the Inter-American Court of Human Rights

The Practice and Procedure of the Inter-American Court of Human Rights

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Jo M. Pasqualucci
Cambridge University Press
Edition: 2, 12/20/2012
EAN 9781107006584, ISBN10: 1107006589

Hardcover, 462 pages, 23.1 x 15.7 x 3.6 cm
Language: English

A thoroughly revised second edition that incorporates the major changes made in the procedures and practice of the Inter-American Court. Jo M. Pasqualucci analyzes all aspects of the Court's advisory jurisdiction, contentious jurisdiction and provisional measures orders through 2011. She also compares the practice and procedure of the Inter-American Court with that of the European Court of Human Rights, the Permanent Court of Justice and the United Nations Human Rights Committee. She evaluates changes in the Rules of Procedure of the Inter-American Court that entered into force on January 1, 2010, and which substantially change the role of the Inter-American Commission in contentious cases before the Court. She also evaluates the challenges and means of State compliance with the Court's innovative reparations orders. Featuring revisions to every chapter to address the major changes, this book will provide an important and updated resource for scholars, practitioners and students of international human rights law.

1. Introduction
2. Advisory practice and procedure
3. Proceedings before the Inter-American Commission
4. Jurisdiction of the Inter-American Court
5. Proceedings on the merits
fact-finding and attribution of state responsibility
6. Victim reparations
7. Provisional measures
8. State compliance with court ordered reparations
Appendix 1. American Convention on Human Rights
Appendix 2. Rules of procedure of the Inter-American Court of Human Rights
Appendix 3. Statute of the Inter-American Court of Human Rights
Appendix 4. Rules of procedure of the Inter-American Commission on Human Rights.

'A valuable review of all relevant elements of the Court's practice, including issues relating to admissibility, fact finding, provisional measures, oral and written proceedings, scope of judgments, and so on. There is a great deal of material in these pages that scholars will find of value in seeking to understand the Court's jurisprudence and how it has evolved over the years. The book contains important insights about the Court's methodology and its transformation of the American Convention into an effective tool for the protection of human rights in the Americas, as well as various examples of the Court's contribution to international human rights law in general. No one trying to understand the manner in which the Court functions can afford to be without this book.' Thomas Buergenthal, former Judge, International Court of Justice, and Inter-American Court of Human Rights