Laurence Burgorgue-Larsen and Amaya Úbeda de Torres, THE INTER-AMERICAN COURT OF HUMAN RIGHTS: CASE-LAW AND COMMENTARY Oxford: Oxford University Press (www.oup.com), 2011. lix + 886 pp. ISBN 9780199588787. £125.

Pages115-117
DOI10.3366/elr.2013.0150
Published date01 January 2013
AuthorJean Allain
Date01 January 2013

It is now twenty years since I was a Fellow of the Organisation of American States based at the Inter-American Court of Human Rights in Costa Rica writing a masters’ thesis. During my year in San José, the Court was given a permanent home, but the proceedings – rare as they were – took place in a make-shift courtroom which consisted of four tables and the equivalent of lawn chairs.

The Inter-American Court of Human Rights became functional two years after the American Convention on Human Rights came into force in 1978. Resembling the Council of Europe human rights system before Protocol 11, the Inter-American Commission on Human Rights brings claims to the Court on behalf of individual petitioners. For all intents and purposes, jurisdictionally the Court is a Latin-American entity: a limited number of Caribbean States have accepted the Court's jurisdiction while neither the United States nor Canada have made such a declaration.

The evolution of the Court can be measured by the nature of the English language books which sought to study its functioning. The first to appear in 1982 (a revised, 4th edition appeared in 1995) was the Protection of Human Rights in the Americas, edited by Thomas Buerganthal, Robert Norris, and Dinah Shelton which, though limited by an inactive court, did well as a pedagogical tool in setting out hypothetical cases and, in the pre-internet era, to provide both the basic documents and various findings of the Commission (which it might be added came into existence in 1959). This was followed by Cecilia Medina Quiroga's 1988 The Battle for Human Rights, a PhD thesis which focused on gross, systematic violations within the Inter-American System, with special emphasis on her native Chile. Here we see a chapter devoted to the Court, setting out the nuts and bolts of its jurisdiction, composition, proceeding and its rules of procedure. The 1998 edited collection by David Harris and Stephen Livingstone, entitled The Inter-American System of Human Rights demonstrated the progress of the Court, by devoting a number of chapters to various substantive issues emerging from the Court.

By 2003, Jo Pasqualucci's The Practice and Procedure of the Inter-American Court of Human Rights heralded the evolution of the Court as a fully functioning body by setting out in great detail the manner in which the Court functions and the case-law it had engaged with over a twenty-year period. By 2008, the jurisprudence of the Court was sufficiently developed for...

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