Abstract

LIMA, Lucas Carlos  and  FELIPPE, Lucas Mendes. The Expansion of the Inter-American Court of Human Rights’ Jurisdiction Through Advisory Opinions. Anu. Mex. Der. Inter [online]. 2021, vol.21, pp.125-166.  Epub Jan 21, 2022. ISSN 1870-4654.  https://doi.org/10.22201/iij.24487872e.2021.21.15590.

While interpreting the American Convention on Human Rights through consultative opinions, the Inter-American Court of Human Rights (IACtHR) has also impacted its adjudicatory function on several occasions. In some recent opinions, it is claimed that the Inter-American Court has expanded the scope of its contentious jurisdiction. In this article, we analyze the interpretative techniques employed by the IACtHR, through advisory opinions, to increase the scope of its adjudicatory jurisdiction. An analysis will be made of both the Court’s decisions as well as the specialized literature and the position of some States in relation to the Court. In a context of resistance and contestation of international courts, it is stated that the activity of expanding the jurisdiction of the Court may have positive and negative effects in relation to its authority and legitimacy, but that greater caution in relation to the expansion of its jurisdiction and the utilization of article 26 to circumscribe the consent of States would avoid any negative effects.

Keywords : Inter-American Court of Human Rights; advisory opinions; jurisdiction expan-sion; authority and legitimacy of international courts.

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