El activismo jurisprudencial de la Corte Interamericana de Derechos Humanos
ISSN: 0719-5249
Year of publication: 2018
Issue: 89
Pages: 93-124
Type: Article
More publications in: Revista de derecho público
Abstract
Within the current debate about the proliferation of international tribunals and its consequences, this article studies the factors that in theory should promote the jurisprudential activism of such tribunals. In particular, we see their impact on the work of the Inter-American Court of Human Rights, while the main criticisms of its activism are raised. Thereby, it is exposed that at least in this specific case the basis of the divergences between the opposing opinions arise from different conceptions of international law and its relation to the domestic laws, and, more specifically, to the defense or not of the exist-ence of a global international law of human rights