Published 2017-01-01
“…This essay explores three recent episodes in which constitutional
courts joined or led efforts to escape treaty obligations: the Venezuelan
Supreme Court's judgment urging the Chávez Administration to denounce the American Convention of Human Rights on constitutional grounds, which Chavez then did in 2012 (a
court-inspired treaty exit); the Colombian executive's 2013 petition to have
Colombia's acceptance of the International
Court of
Justice's (ICJ's) jurisdiction under the Pact of Bogotá declared unconstitutional (a
court-legitimated treaty exit); and the Dominican Republic (DR) Constitutional Tribunal's 2014 judgment holding that the DR's acceptance of the jurisdiction of the Inter-American
Court of Human Rights (IACtHR) had been unconstitutional (a
court-led treaty exit).…”
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