Judicial Interactions and Human Rights Contestations in Latin America

Abstract

The Inter-American Court of Human Rights is one of the world's most active human rights tribunals. Through an impressive history of case law, the Court has exerted significant influence upon Latin American states. In recent years, however, states and domestic national courts have challenged the Inter-American Court's authority in more complex and potentially more damaging ways than in the past. By exploring how the Inter-American Court of Human Rights has expanded its reach upon states, and how states engage in turn, the Article examines ways of interaction that can enhance or debilitate the Court's authority and influence on states. The Article explores recent dissents as a potential mode of resistance, especially when coupled with states' unease towards international adjudication and suggests ways in which the Court may respond to such challenges in order to protect and enhance its authority.