Part III General and Transitory Provisions, Ch.X Signature, Ratification, Reservations, Amendments, Protocols, and Denunciation, Article 74

Abstract

This chapter reviews Article 74 of the American Convention on Human Rights (ACHR). Article 74 of the ACHR illustrates a clear manifestation of the conventional freedom of States, namely, that the negotiation phase of the ACHR is distinct from that of the commitment to be bound by it. The States which participated in the preparatory work for the ACHR formally adopted the final text on November 22, 1969. However, this adoption should not be confused with an undertaking to be bound within the meaning of Article 74. This subsequent stage requires their consent to be formalized in accordance with the rules laid down in the provision. Article 74 is therefore a key provision of the inter-American system. The ACHR binds only those States that have expressly followed the procedures set out in this provision.